subject: Retaliation In The Workplace [print this page] There are many state laws in place that protect employees in the workplace. When an employer acts in an adverse way in reaction to an employee exercising these rights, then there may be grounds for a retaliation case. There are three crucial things that are needed to support these cases. The employee must have engaged in conduct that is protected under the law, the employer must have taken negative action against the employee, and there must be a clear connection between these two pieces of evidence.
The first step in a retaliation case is proving that the employee's action that they are seeing negative reaction to is a protected right. A few examples of this are: complaining about discrimination in the workplace, taking allowed time off work, or inquiring about missing pay or benefits. This is just a small sample of what is protected under the law, but should act as a good set of examples for what may fall under the umbrella of "protected." Even if the employee is wrong about what they are seeing a negative reaction from, they are protected as long as what they did was performed in good faith. To determine whether or not your actions are protected, you should schedule a free consultation with an experienced employment attorney.
The second component in a retaliation case is the employer taking a negative action against you. This does not always mean getting fired, either. Along with firing an employee out of retaliation, employers cannot harass you, give an unjustified nbegative reference, or dock your pay because of your actions. Generally, if the employer's action would serve as a deterrent for people to assert their rights, it may be considered retaliation. Other actions that can fall under this category include being demoted to a lower position or transferred to an undesirable location.
The final piece of a retaliation case has to show the connection between the employee's action and the employer's reaction. Employers know that retaliation is illegal, and will almost never willingly admit that their action was retaliatory. Time is one of the most important pieces of evidence that can prove this causal connection. When you are fired a few days after the action in question, it looks more like retaliation than if you are fired months afterwards. It doesn't always need to be something as strong as a firing either. If the employer shows tangible disapproval of your action within a few days of doing it, then that may help your case if it takes them a while to fully retaliate.
Employees are protected by the law to exercise their legal rights. When an employer responds in a negative manner to these lawful rights, the employee may be able to take legal action based on retaliation. Each case can only be determined on an individual basis, so seek out the advice of an experienced employment attorney if you believe you have been retaliated against.
