If you’re taking what is known as a protected legal action, your employer cannot strike out against you and try to discriminate against you because of it.
Workplace retaliation is an increasingly serious issue and one that affects far too many employees across the country. In certain situations, workplace retaliation could form the basis of a legal claim.
Many people are familiar with the concept that laws are in place to protect employees from harassment and discrimination. However, these laws also tend to protect employees from retaliation. This means that if you are participating in a workplace investigation or have lodged a harassment or discrimination complaint, the employer cannot discriminate against you because of the role you play. Furthermore, under the law, punishment is not just defined as demotion or firing, rather it includes other negative employment actions such as being denied of transfer to a more desirable position, missing out on mentoring or training opportunities, or being denied a raise.
Retaliation happens when an employee engages in activity that is legally protected. Retaliation can include a broad range of negative job actions, all of which are tied to the employee’s role in a legally protected action.
Federal law protects employees from retaliation when those employees complain to an outside body like a government agency or internally. This is true when the employee raises concerns about workplace harassment or discrimination.
As long as the claim is made in good faith, it is not necessary to illustrate that the claim was necessarily true. If you believe that your employer is retaliating against you, the first thing you should do is schedule a consultation with an experienced attorney as soon as possible. Talking things through with your lawyer will help you identify the next steps you should take if you have been retaliated against.
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The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.