Adverse Actions And Retaliation In The Workplace

From wrongful termination, to discrimination, employees have the potential to become a victim of adverse actions and retaliation in the workplace. Luckily, however, there are many state and federal laws that protect employees from employer retaliation.

What Is Retaliation?

Retaliation is when an employer takes an adverse action against an employee that negatively affects their employment, but only when he or she has exercised one of their legal rights. Wrongful termination is perhaps the most common form of retaliation in the workplace today.

What Is An Adverse Action?

  • Termination, demotion, or suspension of your employment
  • Harassment
  • Unfair discipline
  • Reduction in hours and/or compensation
  • Unfair refusal to hire or promote your employment
  • Unfairly favoring other employees over you

What Are My Protected Rights?

  • Seeking legal information in regards to your employment and workplace rights.
  • Notifying your employer of violation of workplace or employment rights.
  • Filing a complaint about unpaid wages, harassment or discrimination concerns, or unsafe working conditions.
  • Talking with other employees in regards to your workplace or employment concerns.
  • Filing a workers’ compensation claim.
  • Filing a complaint with government workplace rights agencies.
  • Whistleblowing, or notifying government agencies of your employer’s violations.
  • Filing a lawsuit, or supporting one against your employer.

What If I Experience Retaliation?

If you feel that your employer is retaliating against you after you have exercised your legal right, you may either file a new complaint of retaliation, or in the event that there is an existing or on-going lawsuit or investigation, you may add your complaint of retaliation to the already filed one.

It is always best to speak with an employment attorney before filing a retaliation claim. Not only will they help you to understand if your legal rights have been violated, but they will also help you with filing your complaint. Contact the employment attorneys at Maduff & Maduff for more information.