Employers Can’t Retaliate Against You For Asking About Wages

Posted on July 31, 2014 in Workplace Retaliation

A Maryland federal court this month reiterated that workers have a right to inquire about owed wages, regardless of whether they are right or wrong about the status of the wages. In Szrzecz v. Gibson Island Corp., the Court ruled that a security guard could sue over an employer's illegal “retaliation” against her for seeking owed wages, even though in the end, she was not owed anything.

In the case, a security guard at the gated residential community of Gibson Island was required to be on-call between midnight and 6 a.m. multiple times per week. The guard was not paid for on-call time, for which she sought remuneration.

But the Court held that the guard need not be paid for nights she was available, because she rarely responded to any calls. However, the Court also held that when the employer threatened to fire the guard after she asked about the on-call time, the basis for an illegal retaliation lawsuit was formed.

Further, after the guard engaged an attorney and filed a lawsuit for owed wages, evidence showed that the employer made her life more difficult while on the job, which also may be illegal retaliation, the Court stated. First, the employer changed the guard’s schedule without notice, and second, the employer changed the work rules and then found the guard in violation of them. Because these workplaces changes came shortly after the guard retained a lawyer who then contacted the employer, it was factual basis for an illegal retaliation claim.

Here’s the takeaway: Workers have a right to inquire about the wages owed to them. Employers must give a reasonable response to such inquiries -- and right or wrong, if an employer comes after a worker for asking about wages, this likely constitutes illegal retaliation under the U.S. Fair Labor Standards Act, Maryland Wage & Hour Law, and may constitute “wrongful discharge” under Maryland common law.

We at Lebau & Neuworth, LLC, regularly represent employees seeking owed wages. We also represent workers fired for seeking wages. Contact us -- we may be able to help you. 

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