Workplace Retaliation – What Are My Rights?
If you are a whistleblower, you could suffer from workplace retaliation. Workplace retaliation can be devastating, and it could involve cutting pay, reducing hours, changing shifts, being demoted, or even lead termination of employment. As a whistleblower, you are protected by federal and state laws, so you will want to make sure you speak with a whistleblower attorney when problems arise. If you believe that your employer is retaliating against you, you may be entitled to pursue a claim against them for their illegal actions.
There are complex laws regarding employer retaliation, and in some situations, your employer may be able to retaliate legally depending on the specific details surrounding your specific situation. You should talk with an employment lawyer if you believe that you are the victim of illegal retaliation, talk with an employment attorney who handles such cases in your area.
Illegal Retaliation versus Legal Retaliation
There are several kinds of retaliation, and much of it is illegal. As an example, Sally may have complained about unwanted sexual advances from Adam. Her employer doesn’t act, but then when Sally goes to file a formal complaint, her seniority isn’t considered, and she is transferred to a less desirable shift but keeps the same salary. She is being punished, but she isn’t the one who did anything wrong.
Robert complains that his pay rate doesn’t commensurate with his experience. He posts a photo of his paystub on Facebook for all the world to see. His employer’s name is clearly mentioned in the post. His employer suspends him for a week without pay. What happened to Sally and what happened to Robert are both illegal acts and their employer could be punished for their retaliation against the employees.
Or, if Jack was told to do an unethical activity on the job, and he refused to do so then his pay was cut, that is illegal retaliation. A whistleblower, who is detailing activities in which the government has been defrauded, cannot be the victim of retaliation either.
But you should be aware that some kinds of retaliation wouldn’t be considered and could be considered as fitting punishment for the behavior of the employee. For example, Adam was retrained about sexual harassment, but he continued to ask Sally out and rub up against her at work, knowing that she didn’t welcome the advances and didn’t want to be bothered anymore. If Adam’s employer demotes him, or switches him to an undesirable shift, that can be legal retaliation because of his actions and because he was aware that what he was doing was inappropriate.
If an employer takes action against an employee who is acting inappropriately, such as against one who is sexually harassing a coworker, the retaliation is not in violation of any laws and is legal. If you have questions about what is legal and what isn’t, you should speak with an employment attorney. You should also familiarize yourself with the state and federal employment laws, so you will know what is legal and what isn’t as well as what isn’t accepted based on company policy.
Consult With An Employment Attorney
If you have been the victim of retaliation at your place of employment, you should consult with a workplace attorney who handles such cases in your state. Your lawyer will be familiar with the processes and will be able to determine if you have been treated illegally by your employer. If you have been the victim of illegal retaliation in the workplace, your lawyer will help you get a claim filed against your employer and make sure you are treated fairly and receive compensation for your damages.
You will not have to pay anything out of pocket. Instead, your employment lawyer will take the case on a contingency basis. That means your lawyer will not get paid until you win your claim and recover compensation for your damages and for the illegal actions of your employer. Complete the Free Case Evaluation Form on this page so the details of your case can be reviewed by an attorney who is experienced in handling employment retaliation cases in your area.
There is a time limit for pursuing a claim in such situations, so don’t wait until the statute of limitations has expired. To make sure you are on solid ground and your rights are protected talk with a lawyer in your state today. You have no obligation and no risk, so schedule your case review today.
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