New Decision Considers Damages Demand as Source of Retaliation Claim
What happens when an employer files a lawsuit seeking substantial damages from an employee who complains about a wage and hour violation? Is that protected speech? Or is it prohibited retaliation? A recent decision in a case filed against Robert De Niro and his company Canal Productions sheds light on what is considered retaliation in the context of an employment matter.
September 19, 2023 at 10:00 AM
8 minute read
The First Amendment right to petition generally protects employers who file good faith lawsuits against their employees, even if the lawsuits do not ultimately succeed. Federal and state wage and hour laws generally prohibit employers from retaliating against employees who complain about wage and hour violations. But what happens when an employer files a lawsuit seeking substantial damages from an employee who complains about a wage and hour violation? Is that protected speech? Or is it prohibited retaliation?
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