Can I Be Fired for Reporting Harassment?

Submitted by rachel on Mon, 09/19/2022 - 20:02

If you were fired for reporting harassment in your workplace, then it is likely you are eligible for a wrongful termination claim. When you are wrongfully terminated it is likely you have been fired for a reason that is illegal under federal anti-discrimination laws.

For example, an employee cannot be fired due to his or her gender, race, ethnic background, disability or religion. It is also illegal to fire an employee if he or she has lodged complaint against the employer due to an act of harassment. When an employer takes this sort of action it is defined as retaliation and is unlawful. 

What if I am Fired for Reporting Harassment at Work?

You cannot be fired for reporting harassment at work. Many employment laws can be enforced if an employee is prepared to report harassment. If the agent investigating the violation agrees it took place then it is up to the employee to file a lawsuit claiming compensation for the illegal behavior of the employer. 

What is the Whistleblower Protection Act?

The Whistleblower Protection Act protects federal government employees who provide evidence against employers for violating laws, rules, or regulations, or for mismanaging or wasting funds or abuse their authority which leads to danger to public health and safety.

The act prohibits retaliation such as demotions, pay cuts, or dismissals for blowing the whistle on an employer and it offers legal remedies to whistleblowers who have experienced any retaliation such as being fired, which is illegal.

What Can I Do If I Was Fired For Reporting Harassment?

If you were fired for complaining about workplace harassment or discrimination, you will need to first file a discrimination charge with the Equal Employment Opportunity Commission (EEOC). If you wish to sue for wrongful termination in violation of the Sarbanes-Oxley whistleblower protections, you first will need to file a complaint with the Occupational Safety and Health Administration (OSHA). Before you begin this process you should gather sufficient evidence to support your claim. Next you should consult a lawyer who will review all of the facts you have provided and will estimate the value of your claim.

Speak With a Wrongful Termination Lawyer

If you have sufficient evidence to prove you have been wrongfully terminated an attorney can help you get the compensation you deserve which could include the following:

  • back pay, such as wages and benefits you didn’t receive due to your wrongful termination;
  • reinstatement, or front pay, as you can ask the court to get your old job back, or, if this isn’t possible, you should get cash payment for the wages you will lose until you find your next job;
  • out-of-pocket losses like the cost of searching for a new job;
  • your attorney’s fees and court costs.

Get Help With Your Claim

 A lawyer may be able to help you file a claim for wrongful termination and retaliation. Many attorneys work on a contingency fee basis you shouldn’t have to pay the legal fees until you have won your claim. To get connected with an independent, participating attorney who subscribes to the website, complete the Free Case Evaluation above.

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