Is Employer Retaliation Illegal?

Have you been on the receiving end of unfair treatment by your employer? Do you suspect that they have done so in retaliation, because you have taken a legally protected action such as exercising your workers’ compensation rights or reporting a suspected illegal activity? If so, you have legal recourse. Employer retaliation is illegal, and employees who report company activities they suspect are in violation of the law are protected under the Whistleblower Act.


Examples of Employer Retaliation

Has your employer started treating you differently after you took a legally protected action such as any of the following?
• Exercising your rights under the law, such as claiming for workers’ compensations benefits or going on maternity leave
• Reporting what you suspect to be illegal activities to the proper jurisdiction
• Serving as a witness in court proceedings

Below are just some instances of unfair treatment that fall under employer retaliation:
• Harassment
• Demotion
• Pay cut
• Wrongful termination
• Refused promotion
• Deprivation or alteration of benefits
• Altered job assignments
• … and more

How Are Employees Protected from Retaliation?

These are some of the legal areas that protect employees from employer retaliation:
FLSA Act: Your employer cannot take discriminatory action against you for exercising your rights under the FLSA Act.
Discrimination and Harassment: Have you been the recipient of unfair treatment after you filed a complaint about your company? If so, what your employer is doing is illegal.
Whistleblower Act: If you reported your employer for misconduct, such as abusing labor laws or committing fraud, you may be worried that they will retaliate by taking away your benefits at work. However, it is illegal for them to do so as you are protected from unfair treatment under the Whistleblower Act.
Seeking due benefits: Employers are not allowed to retaliate against employees who file claims for benefits such as Workers’ Compensation and unemployment.
Joining a union: Employees who join or form a union or participate in union activities are protected from retaliatory treatment.

Reporting Employer Retaliation

Employees who have been on the receiving end of employer retaliation have several options:
• File a complaint to the governmental branch concerned with the appropriate law, who will conduct an investigation and decide on what is to be done. This can include negotiating a solution with the company or pursuing legal compensation.
• File a complaint with the company itself, who can take steps to stop the unfair treatment and reserve the consequences of any retaliatory behavior that has already taken place.
• Engage a lawyer to assist you in pursuing legal compensation and taking action against the employer.

It is important to note that you do not have to be certain that your employer has violated the law before filing a complaint. However, you must have reasonable grounds to believe that you have been illegally targeted.

Turn to Carcich O’Shea For Employer Retaliation Representation

Do you require an experienced lawyer to fight for your rights following employer retaliation in the workplace? At Carcich O’Shea, LLC, our attorneys are well-versed in the latest laws that protect workers and will see to it that your rights are fairly represented.
Contact us today if you would like to discuss what can be done after you have experienced employer retaliation.

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