Retaliation Lawyers that Get Results

What is retaliation in the workplace?

Unlawful workplace retaliation occurs when an employer or supervisor punishes an individual for engaging in “protected activity.”  Protected activity is the act of reporting legal violations of or requesting legal protections.  State and federal laws do not only prohibit discrimination, harassment, and failure to pay wages, but they also prohibit employers from retaliating against employees who report such conduct.    The laws similarly prohibit employers from retaliating against an employee who requests protections that they are entitled to by law like reasonable accommodations, parental leave, or medical leaves of absence.

Examples of Retaliation

Retaliation can come in many forms.  Here are just a few examples:

Discrimination/Sexual Harassment Retaliation Claims

  • Reporting that you or your colleague are being discriminated against by another employee
  • Filing a complaint of discrimination or sexual harassment
  • Opposing discrimination or assisting another employee in doing so
  • Participating in a discrimination investigation or lawsuit
  • Refusing to participate or assist an employer, coworker or manager in discriminating against someone else

Wage Retaliation Claims

  • Requesting wages due to you
  • Reporting or complaining that your employer has failed to pay your wages,
  • Reporting or complaining that you have been misclassified as an independent contractor

Accommodations/Leave Retaliation Claims

  • Requesting reasonable accommodations or protected medical leave
  • Exercising your rights to reasonable accommodations
  • Exercising your rights to take leave for under FMLA

Retaliation can occur in both direct and subtle, indirect ways including workplace harassment, hostile work environments, reassignment, demotion or termination.

At Greene and Hafer our experienced attorneys can help you determine whether you have been a victim of workplace retaliation and, if so, your best legal recourse.  Our experienced lawyers will guide you through the process and ensure that justice and your rights are served.

How to prove retaliation in the workplace?

In order to prove retaliation an employee must be able to show three things:

  • The employee engaged in a protected activity
  • The employer took negative action against the employee
  • There is a causal link between the employee’s activity and the employer’s action (in other words, the employer took action against the employee because of the protected activity).