Workplace retaliation can be a challenging and painful experience for any employee.
Retaliation is one of the most prevalent discrimination charges in the workplace, equating to roughly 55 percent of employment discrimination cases in the United States – according to data from the Equal Employment Opportunity Commission.
Workers in the United States are fortunate to have many protections in place.
However, understanding your rights and the legal remedies available is crucial. Barrett & Farahany is the largest and oldest law firm in the Southeast dedicated exclusively to employee rights, with a national reputation of excellence. Our mission is to stand up for employees and advocate for their rights.
This blog aims to explain workplace retaliation and how victims can legally defend themselves.
What is Workplace Retaliation?
Workplace retaliation occurs when an employer punishes an employee for engaging in legally protected activity. This can include:
- Reporting discrimination
- Participating in an investigation
- Refusing to engage in illegal acts
Protected activities are actions that an employee is legally allowed to perform without fear of punishment. These include filing a complaint about discrimination or harassment, cooperating with an investigation into such complaints, or participating in workplace safety activities.
If an employer takes adverse action against an employee for these reasons, it constitutes workplace retaliation.
Recognizing The Signs of Retaliation
Identifying workplace retaliation is the first step in seeking justice. Common signs include:
- Demotion or firing without valid reasons: Sudden termination or demotion after engaging in protected activities.
- Unwarranted negative evaluations or disciplinary actions: Receiving poor performance reviews or disciplinary actions that lack justification.
- Changes in job duties that make your work more difficult: If an employer suddenly alters your job responsibilities to make your job harder or less desirable.
- Exclusion from important meetings or projects: Being left out of critical meetings or projects, hampers your career growth.
Other subtle forms of retaliation might include being ostracized by colleagues at the behest of management or having previously approved benefits suddenly revoked. Understanding these signs can help you build a strong case against your employer.
Legal Protections Against Retaliation
Several federal and state laws protect employees from retaliation. Key laws include:
Title VII of the Civil Rights Act
Title VII of the Civil Rights Act protects workers against retaliation for reporting discrimination or harassment. This law ensures that employees can speak out against discriminatory practices without fear of losing their jobs or facing other actions.
Americans with Disabilities Act (ADA)
The ADA requires employers to provide reasonable accommodations to employees with disabilities unless it causes undue hardship.
For example, say an employee is diagnosed with a mental health condition – supported by their healthcare provider. Instead of granting leave for the employee or exploring reasonable accommodations, the employer terminates the employee, citing performance issues related to their condition.
This termination, directly linked to the employee’s disability and request for accommodation, constitutes discrimination under the ADA.
Reporting a failure to provide accommodations or any other form of disability discrimination should not result in retaliation. Employers must ensure a safe and inclusive environment where employees feel empowered to report any violations – without fear of retribution.
Fair Labor Standards Act (FLSA)
Protects those who report wage and hour violations. The FLSA protects employees who report wage and hour violations – covering issues like minimum wage, overtime pay, and child labor standards.
Retaliation against employees for asserting their rights under the FLSA is prohibited, ensuring that workers can address wage disparities and other violations without risking their employment or facing consequences.
Steps to Take If You Experience Retaliation
If you believe you are a victim of workplace retaliation, these are the most important steps:
Document Everything
Keep detailed records of all retaliatory actions and any related incidents. This documentation should include:
- Dates
- Times
- Locations
- The names of individuals involved.
- Relevant emails, messages, or notes that can corroborate your experiences.
Detailed records can provide critical evidence if you need to file a complaint or pursue legal action, helping to establish a clear timeline and pattern of retaliatory behavior.
Report the Retaliation
Inform your HR department or a higher authority within your organization. Make sure your report is in writing and keep a copy for your records.
Clearly explain the retaliatory actions you have experienced and how they are connected to your initial complaint or protected activity. Reporting retaliation seeks to resolve the issue internally AND creates a formal record of your complaint, which can be crucial if the matter escalates to legal proceedings.
Seek Legal Advice
A workplace retaliation attorney specializing in employment law can provide valuable guidance on the strength of your case – and the best course of action.
Most importantly, they can help you navigate the complexities of filing a complaint with relevant government agencies, such as the Equal Employment Opportunity Commission (EEOC), and represent you in any legal proceedings.
Pursuing Workplace Retaliation Compensation
Victims of workplace retaliation have the right to seek compensation for their suffering. This commonly includes:
Lost Wages
This involves compensation for any lost income due to demotion or firing. If retaliation results in reduced hours, missed promotions, or termination, victims can claim back pay for the income they would have earned had the retaliation not occurred.
This can also include potential bonuses, commissions, and benefits that were lost.
Emotional Distress
Emotional distress refers to the mental anguish caused by the retaliation. Retaliation can cause significant emotional and psychological harm, including stress, anxiety, depression, and a decline in overall mental health. Keep in mind that this may require testimony from mental health professionals to substantiate the claim.
Punitive Damages
Punitive damages refer to additional compensation aimed at punishing the employer and deterring future misconduct. These are awarded in cases where the employer’s actions were particularly egregious or malicious.
For instance, if an employee demotes an employee or reduces their pay because they reported a sexual harassment incident from a manager, this may warrant punitive damages.
These damages serve as a deterrent to the employer and other organizations, signaling that retaliation will not be tolerated.
Filing a Complaint with the EEOC
The Equal Employment Opportunity Commission (EEOC) handles retaliation complaints. Steps to file include:
- Submit a Charge: File a charge of discrimination with the EEOC.
- Investigation: The EEOC investigates the claim and may attempt mediation.
- Right to Sue: If the EEOC cannot resolve the issue, they will issue a “Right to Sue” letter, allowing you to take legal action.
The Importance of Acting Quickly
There are strict time limits for filing retaliation claims.
Typically, you have 180 days from the date of the retaliatory act to file a charge with the EEOC. Delaying can jeopardize your case. Acting quickly ensures that your claim is filed within the legal timeframe and increases the likelihood of preserving evidence and witness testimony that can support your case.
The Role of a Workplace Retaliation Attorney
Hiring a skilled workplace retaliation lawyer is essential for navigating the legal process. A workplace retaliation attorney can:
Evaluate Your Case
Determine the strength of your claims and the best course of action. An attorney will review all aspects of your situation, including the nature of the retaliation and the evidence you have.
They will assess whether your case meets the legal standards for retaliation and advise you on the potential outcomes and the best strategy to pursue your claim effectively.
Gather Evidence
Help collect and organize documentation to support your case. Your attorney will guide you in identifying relevant evidence such as emails, performance reviews, witness statements, and any other documents that demonstrate retaliatory behavior.
They will also assist in obtaining any additional evidence through legal means, such as subpoenas, that might be necessary to strengthen your case.
Represent You in Court
Advocate on your behalf during legal proceedings. If your case goes to court, your attorney will present your case, cross-examine witnesses, and argue against the defense’s claims. They will leverage their legal expertise to ensure that your rights are protected and that you receive a fair hearing.
Additionally, they can negotiate settlements on your behalf, aiming to achieve the best possible outcome without the need for a prolonged court battle.
Preparing for Your Consultation
When meeting with a workplace retaliation attorney, be prepared to discuss:
Your Employment History
Prepare as many details as you can about your job and any previous issues. This includes information about your role, length of employment, performance reviews, and any prior conflicts or complaints you may have filed.
Retaliation Incidents
You’ll need to provide specific examples and evidence of retaliatory actions. Bring any documentation, such as emails, witness statements, or performance records, that can help substantiate your claims and demonstrate the connection between your protected activity and the retaliation.
Desired Outcomes
This is what you hope to achieve through legal action – and you’ll need to have a definitive answer here. Clearly articulate your goals, whether they include compensation, reinstatement to your previous position, or policy changes within the company to prevent future retaliation.
Stand Up Against Workplace Retaliation with Barrett & Farahany
Workplace retaliation is a serious issue that can significantly impact your career and well-being. Seeking legal remedies and pursuing workplace retaliation compensation is possible with the right support. Having a trustworthy workplace retaliation lawyer by your side can make all the difference in achieving justice.
If you believe you have been a victim of workplace retaliation, don’t hesitate to seek help. The employment law attorneys at Barrett & Farahany are here to protect your rights and help you earn the compensation you deserve for mistreatment. Reach out today for a consultation.
