Employees expect to work in a safe environment free from discriminatory practices. In fact, it is their right. Employees are allowed to report unsafe and unethical practices. When an employee reports a problem, he or she should not feel threatened, harassed, or as if his or her job is in jeopardy because of the report.
This type of retaliation is not allowed. The law protects the rights of employees and ensures that they are not subjected to hostility in the workplace. Workers who have been retaliated against for reporting discrimination can take legal action to resolve the situation and achieve justice.
Types of Retaliation
Retaliation can take a variety of forms. It may include such things as:
- Reassignment
- Pay decrease
- Poor review or assessment
- Failure to promote
- Termination
These types of retaliation are not acceptable if they were done in response to filing a claim or reporting an on-the-job injury. There are various state and federal laws that may apply to protect employees from retaliation.
Protected Conduct
There are various types of conduct that are considered protected. If you participated in any of these activities you have the right to be protected from retaliation by your employer. Some of the most common types of protected activities include:
-
- Complaining about Discrimination
- Reporting an Incidence of Harassment or Discrimination
- Filing a Workers’ Compensation Claim
- Blowing the Whistle on Illegal Activities
- Participating in Union Activity
Employees are protected from retaliation as soon as they file a claim or when the employer learned of the complaint. The employer is not able to take any actions against an employee simply because he or she filed a claim. However, if the employee violated company policies for other reasons outside of the claim, the employer may still have the right to take disciplinary actions. These types of cases can be complicated because the employer will always try to justify their actions against an employee.
Remedies for Retaliation
There are a variety of remedies that may be available to you based the specific situation. Some of the remedies include back pay, reinstatement, promotion, hiring and punitive damages. These may include attorney’s fees, expert witness expenses, and court costs. Resolving a retaliation case can be complicated, but it will provide you with a satisfactory resolution.
Your attorney will gather evidence in the case and help prove that the actions taken against you by your employer were done in retaliation for filing a claim or making a report. A retaliation case is separate from the original claim that initiated the retaliation in the first place.
Contact an Experienced Employment Lawyer
An experienced employment lawyer will assist you through the process by protecting your rights and ensuring that justice prevails. Your attorney will answer your questions and be with you every step of the way to get the results you deserve. If you feel you are a victim of retaliation, you need help from a skilled employment lawyer. Contact the legal team at HKM Employment Attorneys to discuss your case today.
