Employment Retaliation Attorneys

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Employment retaliation is against the law. Know what it is, how to legally fight back, and how we can help.

You take pride in your work. This looks like taking pride in what you do, where you work, who you work for, and who you work with. This pride prompted you to take action when you saw a wrong. Whether it was a colleague being mistreated, cooperating with an investigation, asking for an accommodation for a disability so you could do your job more effectively, or some other injustice, you took action.

Now things at work feel different. It might just be a feeling you have from a series of coincidences that don’t feel like coincidences. Or it might be something more severe - words, threats, a demotion, fewer hours, a less profitable territory, or worse.

As workplace retaliation lawyers, we see this all the time. But as workplace retaliation lawyers, we know it is happening to you - someone who takes pride in their work and only wants to do the right thing. We know that you are a person who deserves justice and you need a workplace retaliation lawyer to help you get it.

However you found us, whether you typed “employment retaliation attorney near me,” “employment retaliation lawyers near me,” “workplace retaliation lawyer near me,” or something similar, you are in the right place. We are workplace retaliation lawyers who practice nationwide - whether employer retaliation happened to you in a corporate board room in a city skyscraper or a cornfield in the rural plains. We are employment retaliation attorneys ready to fight for you, hold whoever treated you unfairly and illegally accountable, and get you the compensation you deserve.

What Is Workplace Retaliation?

Workplace retaliation is when an employer, boss, manager, CEO, supervisor, shift leader, foreperson, superintendent, line person, or chief takes an adverse or unfavorable action against an employee because that employee took a legally protected action.

What is a Legally Protected Action?

To make a workplace retaliation claim against your employer, you must be able to prove a direct link between your protected action and your employer’s adverse action. The laws that protect you from workplace retaliation only protect you in the context of specific protected actions.

The protected actions include reporting employment discrimination, participating in an investigation, identifying or filing a complaint against unlawful workplace practices, requesting an accommodation for your disability or religion, refusing to do something discriminatory, and intervening to stop your employer from discriminating against someone.

If you have any questions about whether what you did is a protected action or whether what your employer did counts as workplace retaliation, contact a lawyer for workplace retaliation.

Examples of Workplace Retaliation

Workplace retaliation happens in many different ways. There are countless examples of work retaliation, and an angry employer will always be able to think of new methods.

Workplace retaliation can be overt. Things like termination, demotion, salary reduction, job or shift reassignment, or some other adverse job-related action shortly after you engaged in a protected action are examples of blatant workplace retaliation.

Retaliation can also be subtle. Things like increased scrutiny of your tasks, exclusion from meetings, sudden shift changes, and withholding important information or resources necessary for effective job performance are more inconspicuous and understated examples of employment retaliation.

If you have any questions about whether what your employer or boss just did counts as workplace discrimination, contact a lawyer for retaliation at work.

What Laws Protect Consumers from Employment Retaliation?

Several vital laws protect employees who report violations. The primary federal laws include:

  • Title VII of the Civil Rights Act of 1964. This law protects employees from discrimination based on race, color, religion, sex, and national origin. The Supreme Court also interprets this law as protecting against discrimination based on sexual orientation and gender identity.
  • The Americans with Disabilities Act (ADA). The ADA prohibits discrimination against individuals with disabilities.
  • The Age Discrimination in Employment Act (ADEA). This law protects workers who are aged 40 and older from discrimination.
  • The Fair Labor Standards Act (FLSA). The FLSA covers wage and hour laws, guaranteeing minimum wage and overtime pay.
  • The Occupational Safety and Health Act (OSHA). OSHA ensures safe working conditions and allows workers to report unsafe environments without fear of retaliation.
  • The Family and Medical Leave Act (FMLA). The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage.

These laws include specific provisions that make it illegal for employers to retaliate against employees for asserting their rights, whether through formal complaints, participating in investigations, or requesting the accommodations these laws afford. The protections are crucial to fostering a work environment where employees can report wrongdoing or unsafe conditions without fear of losing their jobs or suffering other adverse consequences.

How to File a Claim for Retaliation?

Most of the above laws require an employee to file a complaint with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit. An employment retaliation lawyer at Consumer Attorneys can help you with this.

When Should You Contact a Retaliation Attorney?

You can contact a lawyer for retaliation at work to ask questions at any time. When you’re contemplating a protected action, see a colleague being discriminated against or facing retaliation, or when you experience retaliation. An employment retaliation lawyer will help you document your experience, collect evidence, preserve your rights, offer legal advice, represent you, and support you through it all.

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Frequently Asked Questions

Yes. You can sue for employer for retaliation if that employer retaliates against you for taking a protected action. The best way to get started is to talk to a workplace retaliation attorney at Consumer Attorneys. Only specific actions qualify as protected actions, and there has to be a connection between the protected action you take and the retaliation the employer took. An employment retaliation lawyer will be able to assess your case and determine whether a lawsuit is appropriate. 

To prove workplace retaliation, you must prove 1) a nexus or connection 2) between your protected action and 3) an adverse action by your boss, employer, CEO, or manager. An employment retaliation lawyer can help you determine what evidence you need to prove each of the above and how to collect that evidence. The sooner you contact an attorney, the better. In cases where the employment retaliation is quieter and more subtle, you will need more evidence to prove that the actions you are alleging are discrimination were motivated by the protected action. 

Employment retaliation is when your employer or boss takes adverse action against you because you reported something they did wrong or otherwise sought to assert your rights. Only specific actions trigger the legal protections in place to discourage and punish workplace retaliation. If you’ve taken a protected action and your employer responded by punishing you somehow because of that protected action, then you may have an employment retaliation case. Contact Consumer Attorneys to discuss. 

In employment retaliation cases, an employee can recover three types of damages. First, economic damages cover both past and future lost wages resulting from the retaliatory act. Second, compensatory damages are awarded for emotional distress, physical pain, and inconvenience suffered due to the retaliation. Third, punitive damages aim to punish the employer for intentional misconduct. However, there are limits to these damages. While economic damages have no cap, laws such as the ADA and Title VII limit compensatory and punitive damages depending on the employer's size.

The answer to this question is “it depends.” The time it takes to resolve a workplace retaliation case can vary significantly. Factors determining how long it will take include the case's complexity, the evidence involved, and whether the case settles or goes to trial. Some cases may resolve in a few months, while others could take years to conclude. Throughout this period, the attorneys at Consumer Attorneys will shepherd you through the legal landscape, offer guidance, and provide support every step of the way. We will keep you informed and supported throughout the process, no matter how long it takes. 

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