EmploymentQuestion 945 of 1605

An employee files a wage claim with the Labor Commissioner, and the employer fires him in response. What does Labor Code §98.6 provide?

a.The employee must first sue in federal court
b.The termination is unlawful retaliation, and the employee may be reinstated with lost wages and penalties
c.The termination is lawful because employment is at-will
d.The employer may terminate but must give two weeks' notice

Explanation

Labor Code §98.6 prohibits an employer from discharging or discriminating against an employee for engaging in protected conduct such as filing a wage claim or complaint with the Labor Commissioner. Retaliation exposes the employer to reinstatement, lost wages, and civil penalties. At-will employment does not permit terminating someone for exercising protected wage-and-hour rights.

Law Reference: Labor Code §98.6

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