Facing Illegal Retaliation in the Workplace? Claim Free Legal Review
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How to prove workplace retaliation?
The biggest obstacle to proving retaliation comes in the form of employees not documenting, documenting, documenting. If you sense there is illegal conduct going on in the workplace, whether it be sexual harassment or discrimination, or violations of OSHA, of fraudulent insurance or Medicare/Medicaid billing, you have to document that in an email to HR and keep a copy of the email for yourself. You would be amazed how many companies can make documentation “disappear.” Continue to document in a personal journal and through HR any way in which your work environment has changed since you first lodged your written complaint. It is also important for the employee to monitor performance reviews and prior raises. One of the first things we look it is the personnel file of our client. If it shows great reviews and pay increases prior to the complaint about illegal activity, and everything takes a down hill slope from there, that is great evidence for our case to demonstrate the causation between the two events. Of course, we rarely are going to have an instance where there is a smoking gun saying “FIRE JAMES BECAUSE HE IS COMPLAINING ABOUT OUR ILLEGAL CONDUCT.” Under the law, we use what is called circumstantial evidence to prove the retaliation (we discuss this in more detail below). The timing of the events, along with the sudden change in what occurred in the workplace, leads to logical inferences of retaliation. Simply said, everything fine before complaint, and every thing bad after complaint= RETALIATION.
You are on this website for one of three reasons:
- 1. You have been fired or will be fired and you are trying to find out information about what your rights are and what to do;
- 2. Something is happening in the workplace- either discrimination, or sexual harassment, or retaliation, and you are not sure what to do or how to protect yourself; and/or
- 3. You simply want to learn what your rights are in the workplace so that you can avoid being in a bad situation in the future.
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Winning Retaliation Claims
To win your retaliation case against an employer these need to be proven. The first and second keys are known since you reported harassment and were fired. Proving the causation (the connection between the first two events) on your own, is the most difficult aspect. Because proving causation is difficult professional legal representation should be utilized. Protected activities and negative actions are legal terms to understand before bringing a case against private companies or government entities.
Employees have rights in the workplace. Fight back & demand justice when employers violate the law.- employmentattorneyhelp.com
Employer Retaliation
- You’re a victim of discrimination or harassment (Protected Activity) Example – You reported harassment or discrimination.
- Action was taken against you by your employer (Negative Action) Example – You were fired or demoted.
- The two actions above are related (Causation) Example – You reported harassment and were fired because of this.
The Types of Cases We Handle
- overtime claims;
- minimum wages;
- unpaid commission claims;
- high level executive employment agreement disputes;
- race discrimination cases;
- sex discrimination and sexual harassment cases;
- age discrimination cases;
- national origin discrimination cases;
- sexual orientation discrimination cases;
- disability/Americans with Disabilities Act cases (“ADA”);
- Family Medical Leave Act cases (“FMLA”);
- pregnancy discrimination cases; and
- retaliatory termination cases
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