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. Here is how to help you understand if you are a victim of retaliation and your rights.
The following actions are considered adverse:
- 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
The following employee rights are protected under federal and state employment laws:
- 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.
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 Maduff & Maduff for more information or for help with your employment law needs.