Employees are allowed to file claims or make reports when their employer is found to be taking part in unlawful or unethical actions. Unfortunately, sometimes an employer may retaliate against an employee who filed a claim. If the reason for firing the employee is retaliation, it may be considered a wrongful termination.
Employees are protected from being terminated because of retaliation. There are a variety of activities that have been protected by Pennsylvania courts. These include such things as:
- Refusal to take part in an illegal activity
- Filing a workers’ compensation claim
- Filing or threatening to file an EEOC complaint
- Testifying in a case against the company
- Filing for unemployment benefits
- Taking part in whistleblower activities
It is important to note that employers may take reasonable actions against an employee who does something wrong. For example, if an employee gets into a verbal or physical altercation the employer can take disciplinary actions. Therefore, it is always best to get help from an attorney rather than taking matters into your own hands.
Retaliation occurs more often than other types of civil rights complaints. The Equal Employment Opportunity Commission, EEOC, oversees federal laws that protect employees against retaliation. Employers are not allowed to take any adverse retaliation actions against an employee.
There are many actions that may be considered adverse acts of retaliation. These include:
- Refusing to hire
- Providing a negative reference
- Unfair employee reviews
- Reduction of pay
- Reducing hours or overtime
- Failure to promote
- Increased employee monitoring
- Threats or assaults
If you are the victim of retaliation by your employer, you have the right to take legal action. You may be able to file a lawsuit to regain lost wages, benefits and other damages. An experienced employment attorney will evaluate your situation and determine the best way to proceed.
Hire a Pennsylvania Employment Law Firm
If you were fired due to retaliation, you can file a complaint. It is helpful to document as much about the incident as possible. Typically, an employee is protected against retaliation from the time that he or she reported a violation or when the employer found out about the employee’s involvement in an action.
You must be able to prove your case and show that the reason your employer terminated you was because of your involvement in a protected act. This can be complicated at times because there could be other disciplinary actions that were taken appropriately.
A Pennsylvania employment law firm will assist you in resolving your situation. Your attorney will review the details and gather documentation to prove that you were terminated due to retaliation. You may be entitled to damages that may include lost wages and benefits and any other associated costs. In some cases, the company may also be required to pay punitive damages because of their illegal actions.
If you were wrongfully terminated for retaliation you need assistance from a highly experienced employment attorney. Contact HKM Employment Attorneys, LLP today to discuss the details of your case.