Has anyone heard of an employer retaliating against an EX employee for filing an OT claim, i.e., bringing a lawsuit against them on an issue seemingly unrelated to the OT claim, but which is in fact a retaliatory action? I know laws protect an existing employee from retaliation in that situation, but what about an ex employee? Thanks.

TES I happen to be going yhrough that as we speek. If I can help ask if you can help me? Iwent to work on Tuesday & complained they wereNOT paying OT [anything over 8hr] calif law and fired on friday for complaning.

Hunter, you may wish to contact an attorney to see if the whistleblower protections in your state may come into play here. In some states, they only apply if you complain to the appropriate regulatory authority; however some states also protect if you complain internally. I am not sure which California is but, being as California is arguably the most employee-friendly state in the nation, the latter very well may apply.

California has its statutory provisions that protect an employer from retaliating against an employee that mmakes a complaint about not receiving overtime. There are found in the Labor Code or Govt. Code if I recall correctly. On Federal grounds, the FLSA also has a retalitory provision. So you should be covered.

California also allows an employee to sue for wrongful termination in violation of public policy for an employee complaining about not being paid OT.

See an attorney. Although the California DSLE and DOL is good, the right attorney may be able to get the issues resoved quicker and more in your favor, particularly the public policy violation. The DSLE and DOL will likely not cover that issue.

CA has a statute protecting any internal complaints by an employee about illegal acts. I don't have the cite handy, but it was disscussed in a previous whistleblower thread.

FLSA anti-retaliation only applies to complaints made to the gov. FLSA internal complaint cases have pretty dismal prospects, IIRC.

CA how to file a retaliation claim (http://www.dir.ca.gov/dlse/HowToFileDiscriminationComplaint.htm)

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Actually I am reading some court decisions that seem to be providing some weak FLSA protections to employees who complained to their employer but did not file a claim with the government prior to being fired. The most recent BNA newsletter has a discussion on this issue. The case cited for discussion was Hagan v. Echostar Satellite LLC, 5th Cir., No. 07-20191, 5/30/08. The article described this case as "Joining a majority of federal courts that have considered the issue".