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What Is Workplace Retaliation?

Feb 10, 2021 | Employment Law

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What Is Workplace Retaliation?

Workplace retaliation is an emerging problem in the United States, as there has been an uptick in wrongful termination claims over the last several years. Workplace retaliation is any type of unlawful discrimination that occurs when an employer or supervisor takes adverse action against an employee who is engaged in a protected activity.

In other words, your employer is not allowed to retaliate against you for a variety of reasons, including serving as a whistleblower that is reporting safety violations within the company or filing a charge of discrimination with an outside agency.

These activities and more are protected as employee rights, and therefore an organization may not hold them over your head. Thus, if you feel like you are being unfairly targeted, lost your job, or are being mistreated because of a protected action made against the company, you should consider filing a wrongful termination claim.

What Is the Definition of Workplace Retaliation?

Workplace retaliation is “any form of unlawful discrimination that occurs when an employer, employment agency, or labor organization takes an adverse action against an employee, applicant, or other covered individual because he or she engaged in a protected activity.”

In other words, an employer cannot treat an employee unfairly or terminate a job agreement because the employee is engaged in a protected activity like reporting violations, discrimination, or harassment claims against the company.

Unfortunately, retaliation is becoming more frequent in the workplace and leading to a larger number of wrongful termination lawsuits each year. It is also worth noting that in some cases, more than one employee may be involved in an outside investigation. Thus, multiple employees may need protection and legal counsel from a threatening employer.

Consult an Employment Lawyer

It is imperative that employers take workplace retaliation claims seriously as they are noteworthy accusations. Victims of workplace retaliation should consider consulting an employment lawyer for protection and ways to seek damages.

A wrongful termination lawsuit can provide damages for lost income, pain and suffering, and other damages. Contact an employment lawyer today at Stewart & Stewart. The well-respected Indiana law firm is available to speak with you 24/7 and has an outstanding history representing employee rights in the courts.

Workplace Rights Protect Employees

Retaliation in the workplace is any adverse action that a company takes against an employee because he or she filed a complaint. Often, these complaints revolve around traditional complaints like harassment, discrimination, or wrongdoing at the organization.

There are many ways an organization can take adverse action against an employee as a form of retaliation, including:

  • Unexpected termination
  • Negative evaluations
  • Unfair disciplinary action
  • Demotions
  • Job reassignment
  • Reduction in pay

While most workers understand that they have basic rights at the workplace, they are unaware of how they are protected from types of discrimination like retaliation. Workplace retaliation takes on many forms and does not have to include a termination to file a claim against the company.

Stewart & Stewart can meet with you confidentially to discuss the details of your workplace setting. The first consultation is 100% confidential, with absolutely no commitment required. Meet with us over the phone or email and find out how an employment lawyer can help you recover damages from a wrongful termination or workplace retaliation.

Know Your Legal Rights at Work

Employers cannot punish employees for making discrimination or harassment complaints against the organization. Moreover, employees cannot be punished for pursuing workplace investigations while still salaried members of the company.

Punishment in workplace retaliation scenarios does not always come in the form of termination or demotion. There are many other forms of retaliation in the workplace, including being denied a raise or receiving a new job assignment that you did not request.

Workplace retaliation is sometimes direct, obnoxious, and obvious, while other times it is subtle and less clear. Nonetheless, if you feel like you are being treated unfairly or punished for engaging in a legally protected activity under worker’s rights, you need to contact an employment lawyer immediately.

Federal law protects employees from retaliation when employees complain either internally or to an outside reporting agency like the Equal Employment Opportunity Commission (EEOC). These workers may pursue complaints whether they are founded or unfounded, so long as they are made in good faith.

Additionally, federal law protects employees that cooperate in EEOC investigations or serve as witnesses. As a result, some workplace retaliation complaints involve more than one employee.

In most wrongful termination and workplace retaliation claims, it serves you well to find legal representation. An employment lawyer has the background and expertise to decipher federal and state laws to protect your workplace rights.

Contact Stewart & Stewart today for a free consultation. We have a long track record of representing victims of wrongful termination, harassment, and discrimination. Find out how we can assist you today at 1-866-926-2419.

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