Wage theft means an employer didn’t pay you what federal or state law requires — unpaid overtime, pay below minimum wage, or withheld final wages. Wrongful termination usually means you were fired for an illegal reason, most often discrimination or retaliation. Wage complaints generally go to the U.S. Department of Labor’s Wage and Hour Division (WHD). Discrimination-based firings generally go to the U.S. Equal Employment Opportunity Commission (EEOC). This guide explains the difference, the deadlines that apply, and how to start either process.
Recognizing Wage Theft
Under the federal Fair Labor Standards Act (FLSA), most employees are entitled to at least the federal minimum wage and time-and-a-half overtime pay for hours worked beyond 40 in a week, unless they fall into an exempt job category. Common signs of wage theft include:
- Not being paid overtime you’re owed
- Being paid less than minimum wage
- Employer taking illegal deductions from your paycheck
- Being asked to work “off the clock” before or after your shift
- Not receiving your final paycheck after leaving a job
- Being misclassified as an independent contractor to avoid overtime or minimum wage rules
Many states set their own minimum wage and overtime rules, and some are stronger than the federal FLSA. Because these numbers change and vary by location, always check your state labor department’s current minimum wage before assuming what you’re owed.
Recognizing Wrongful Termination
Most U.S. employees work “at will,” meaning an employer can generally end the job for almost any reason, or no reason, without notice. Wrongful termination is the exception: it happens when a firing violates a specific law, such as being let go because of your race, color, religion, sex, national origin, age (40 or older), disability, or genetic information, or in retaliation for reporting a labor law violation or filing a workers’ compensation claim. Being fired simply because your boss doesn’t like you, or because the company is downsizing, is usually legal — even though it feels unfair.
Wage Theft vs. Wrongful Termination: Which Agency Handles It?
Wage and Hour Division (DOL) — for pay problems
- Unpaid wages, unpaid overtime, minimum wage violations
- File by phone at 1-866-487-9243 or through WHD’s online contact form
- Complaints are confidential, and retaliation against you for filing is illegal
- Back pay claims generally must be brought within two years of the violation — three years if the violation was willful
Equal Employment Opportunity Commission — for discriminatory firings
- Firing, demotion, or harassment based on a protected characteristic
- Generally applies to employers with 15 or more employees (20 or more for age discrimination claims)
- File through the EEOC Public Portal, by mail, or in person at a field office
- You must usually file within 180 days of the incident — extended to 300 days if your state or local government also bans that type of discrimination
- Filing an EEOC charge is normally required before you can sue your employer for discrimination
If you’re not sure which situation applies to you, it’s fine to contact both agencies — they can tell you whether your issue is theirs to handle.
How to File a Wage Theft Complaint With the DOL
- Gather your records first. Pay stubs, time sheets, your job title and pay rate, your employer’s name and address, and dates worked all help WHD evaluate your complaint.
- Call or contact WHD. Call 1-866-487-9243, or reach out through WHD’s online contact form. You’ll be directed to your nearest WHD office.
- Work with the investigator. WHD staff will ask questions and decide whether an investigation is appropriate. If they open one, it typically involves an initial conference with your employer, private employee interviews, a records review, and a final conference to resolve any violations found.
Your identity as a complainant is kept confidential to the extent the law allows, and it’s illegal for an employer to punish you for filing.
How to File a Discrimination Charge With the EEOC
- Confirm the deadline first. You generally have 180 days from the discriminatory act to file — up to 300 days in states or localities with their own anti-discrimination laws. Federal employees face a much shorter 45-day window under a separate process. Don’t wait to find out which applies to you.
- Start an inquiry with the EEOC Public Portal. You’ll answer questions and typically have an interview with EEOC staff before a formal charge is completed.
- Or file in person or by mail. Use the EEOC’s field office locator to find the office nearest you.
- The EEOC notifies your employer and may offer voluntary mediation before assigning an investigator.
Documentation Checklist Before You File
- Pay stubs, timesheets, or your own log of hours worked
- Offer letter, employment contract, or employee handbook
- Emails, texts, or written performance reviews related to the issue
- Names and contact information for any coworkers who witnessed what happened
- A written timeline of events in your own words, while your memory is fresh
- Any termination notice or separation paperwork you were given
Jurisdiction Matters
The FLSA and federal anti-discrimination laws set a floor, not a ceiling. Many states and cities have their own labor departments, wage laws, and civil rights agencies that offer broader protections, longer filing windows, or lower employer-size thresholds than the federal rules described here. Before you decide where to file, check your state labor department and state civil rights or human relations agency to see whether a state-level complaint might fit your situation better, or in addition to a federal one.
Avoiding Scams
Filing with WHD or the EEOC is free. Be cautious of anyone who contacts you asking for payment to “process” a wage or discrimination complaint, or who asks for your Social Security number over an unsolicited call or email. Government agencies will not ask you to pay to file a complaint.
Frequently Asked Questions
Can I be fired for filing a wage complaint?
No. Federal law prohibits employers from retaliating against a worker for filing a complaint or cooperating with a WHD investigation. If you believe you were fired in retaliation, tell WHD or the EEOC when you file, since retaliation is its own violation.
Do I need a lawyer to file with the DOL or EEOC?
No. Both agencies accept complaints directly from workers at no cost, and you don’t need an attorney to start the process. That said, an employment attorney can be valuable if your case is complex, if you’re close to a filing deadline, or if you’re deciding whether to pursue a private lawsuit.
What if my employer has fewer than 15 employees?
Federal anti-discrimination law generally only covers employers above that size (20 or more for age discrimination). Smaller employers may still be covered under state or local anti-discrimination laws, so check your state civil rights agency. Wage and hour protections under the FLSA can apply regardless of employer size in many circumstances, so a wage complaint with WHD may still be worth pursuing.
How long do I have to file?
For EEOC discrimination charges, the general deadline is 180 days, extended to 300 days in states or localities with their own discrimination laws (45 days for federal employees, under a different process). For DOL wage claims, back pay is generally recoverable for two years before you file, or three years for willful violations — so the sooner you act, the more you may be able to recover. Confirm current deadlines directly with the agency, since some state laws set different timelines.
Educational Information, Not Legal Advice
This article explains general workplace rights under federal law so you can recognize an issue and know where to start. It is not legal advice, does not cover every state or local rule that may apply to your situation, and does not create an attorney-client relationship. Laws, deadlines, and remedies vary by location and by the specific facts of your case. If a filing deadline is approaching, if you’re facing retaliation, or if you need advice about your specific situation, contact the Wage and Hour Division, the EEOC, your state labor or civil rights agency, or a licensed employment attorney in your state. For more on how this site verifies information, see our sources and fact-checking policy and our legal information disclaimer. You can also read about our editorial standards or contact our team with questions about this article.