what attorney deals with employer retaliation

How does an employment lawyer evaluate a retaliation case?

Jul 16, 2020 · An employment lawyer is the best person to help with such cases. Typically, employment attorneys would want you to submit all the evidence you can right from the start. To begin with, you would have to provide the actual documents of the report or complaint of harassment or discrimination to the employer.

How to file workplace retaliation claim?

If you are facing employment retaliation, you should consult with a work retaliation lawyer, such as an discrimination lawyers in your area. An experienced employment retaliation attorney can ensure you are aware of your rights, help gather relevant evidence, and prepare you for any defenses the employer may use.

How to win retaliation lawsuit?

An employment lawyer who is evaluating your potential case needs to know what losses you have suffered as a result of the retaliation, such as lost wages or benefits. Bring in your pay stubs, W-2 forms, or other documents that show your earnings prior to the retaliation.

Can I sue for retaliation?

Oct 12, 2015 · If you think you have been the victim of retaliatory or vindictive action, speak to a retaliation lawyer at Weisberg Cummings, P.C.. Through our offices in Harrisburg, Pennsylvania, our employer retaliation attorneys stand by those who have suffered discrimination and other unacceptable treatment at the hands of employers.

What is retaliation in the workplace?

What is Retaliation? An employer illegally retaliates against an employee by taking an adverse action against the employee for reporting or complaining about (called "protected activity") what the employee believes to be discrimination or harassment in the workplace.

What is retaliation lawsuit?

In a retaliation lawsuit, you are almost always suing for an award of money called "damages." To recover damages, you must be able to show that you suffered an actual loss. An employment lawyer who is evaluating your potential case needs to know what losses you have suffered as a result of the retaliation, such as lost wages or benefits.

How to prove retaliation?

In order to prove retaliation, you will need evidence to show all of the following: 1 You experienced or witnessed illegal discrimination or harassment. 2 You engaged in a protected activity. 3 Your employer took an adverse action against you in response. 4 You suffered some damage as a result.

What happens if your employer takes a negative action against you?

If your employer takes negative action against you for reporting discrimination or harassment, you may have a retaliation case against your employer . If you've experienced worse working conditions or treatment since you've made a complaint, you should speak to a lawyer about protecting your rights. This article discusses how an employment lawyer ...

How to be a witness in a lawsuit?

As the plaintiff in a lawsuit, you are your most important witness. An employment lawyer will be evaluating you as a potential witness from the moment you walk into his or her office. This is because a judge and jury will evaluate you in the same way when deciding whether or not to believe your testimony or give you a damages award. Show the lawyer that you'll be a credible, coherent, and sympathetic witness on your own behalf. You can do this with a presentable appearance, organized and clear statements, a calm demeanor, and your sincerity.

What does an employment lawyer do?

An employment lawyer will examine several elements of your potential case to help determine whether or not to represent you, including the evidence of the retaliation, the harm it caused you, and how you'll be perceived by a judge or jury.

What is an adverse action?

An employer's adverse action may take the form of disciplining or terminating the employee. It could also be some other action that harms the employee's mental or emotional state or negatively affects the employees' working conditions, such as a decrease in pay or less desirable job assignments.

Why Workplace Retaliation Happens

In many cases, employer retaliation occurs because an employee has spoken out against unjust or unsafe conditions. Workplace retaliation can happen if an employee speaks out against:

How Do I Know Whether Workplace Retaliation Has Happened?

In many cases, it can be difficult to prove workplace retaliation, since employers and perpetrators will generally deny any retaliatory action. However, a qualified employer retaliation attorney may be able to prove retaliation has occurred if:

Refusal to Violate the Law

Employers face many temptations to violate the law. Owners and other stakeholders want profits maximized, and executives can even face termination for perceived failure to take advantage of opportunities to do so. Should you as an employee be forced to violate the law under threat of termination or other adverse action?

Hostile Work Environment

No one should have to put up with a hostile workplace. Whether you are experiencing sexual harassment, bullying of any kind, unfair treatment or any other type of uncomfortable situation on a regular basis, the lawyers with Weisberg Cummings, P.C. are here to help make it stop and to make those responsible pay.

What is Workplace Retaliation?

Labor codes defend the rights of workers to speak out against discrimination, to participate in workplace investigations, and to “blow the whistle” on illegal activity—without the fear of being terminated or otherwise mistreated by the employer.

Types of California Retaliation Claims

When it comes to retaliation at work, California law recognizes several different types of claim. An employment law attorney from Dhillon Law Group can advise on any of the following claim types:

Signs of Unlawful Retaliatory Behavior

It is important to ensure that you have legal standing on which to bring a workplace retaliation case. This is something our attorneys can help you determine.

Consult an Employment Lawyer

If you believe you are the subject of workplace retaliation, the first thing you should do is hire an employment law attorney or a whistleblower retaliation lawyer who can advise on your case.

TELL US YOUR CASE STORY

We have handled cases of all sorts, representing people from all walks of life. Whatever your case, we want to hear from you and help you understand what you're dealing with. Don't hesitate to start the conversation today - it's completely confidential.

What to do if you have experienced discrimination?

If you have experienced discrimination or have suffered retaliation for opposing your own unlawful treatment or that of a co-worker, contact KMB to speak with one of our intake attorneys to discuss your case, without charge or further obligation.

What are the protections against discrimination?

In addition to the protections against direct discrimination, many state and federal laws protect employees who oppose discriminatory conditions at work and face retaliation for their actions. Unlawful retaliation can include refusal to hire, demotion, transfer to undesirable job duties, or termination of an employee who has filed a charge of discrimination within the company or with the Equal Employment Opportunity Commission (EEOC), or has participated in the investigation of discrimination.

What is age discrimination?

Age Discrimination. The Age Discrimination in Employment Act (ADEA) prohibits the mistreatment of workers age 40 and over because of their age . This includes all aspects of employment including hiring, promotions, training, salary, job assignments and termination. Workplace age discrimination also includes harassment based on age ...

What is the Civil Service Reform Act?

For federal government employees, the Civil Service Reform Act of 1978 provides some protection against discrimination on the basis of political affiliation, including coercion of a federal employee to perform a political activity, such as donating time or money to a party or candidate.

Is national origin discrimination against the law?

The Civil Rights Act of 1964, as well as certain state and local laws, make it illegal for an employer to discriminate against an employee because of his or her national origin.

What is the Civil Rights Act of 1964?

Title VII of the Civil Rights Act of 1964, as well as many state and local laws, prohibit employers from discriminating against employees on the basis of their religion. This discrimination may come in the form of adverse employment actions, but may also include harassment based on an employee’s religion.

Can an employer discriminate against a qualified individual with a disability?

An employer may not discriminate against a qualified individual with a disability because of that employee’s disability, nor may the employer deny the employee a reasonable workplace accommodation that would allow the employee to perform his or her job. Family Responsibility Discrimination.

What is workplace harassment?

When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.

What is defamation in the workplace?

Defamation is generally defined as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) comments. When defamation occurs in the workplace, it has the potential to harm team morale, create alienation, or even cause long-term damage to a worker’s career prospects.

What happens if you are fired without cause?

If you believe you may have been fired without proper cause, our labor and employment attorneys may be able to help you recover back pay, unpaid wages, and other forms of compensation.

What are some examples of misclassifications?

Some examples of misclassifications include: Misclassifying a worker as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.

What is wrongful termination?

This is termed wrongful termination, wrongful discharge, or wrongful dismissal. There are many scenarios that may be grounds for a wrongful termination lawsuit, including: Firing an employee out of retaliation. Discrimination.

Do independent contractors have to file taxes?

Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, as well. However, in recent years, some employers have abused classification by misclassifying bonafide employees as contractors in an attempt to save money and circumvent laws.

What is the minimum wage in 2020?

The Fair Labor Standards Act (FLSA) established certain workers’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

What is protected against retaliation?

Federal law protects against retaliation. This is true whether when an employee complains to a supervisor, makes a formal complaint to the EEOC, or has been a witness in an investigation pertaining to another worker’s complaint. One is protected as long as a complaint made to the EEOC is in good faith, even if it proves to be unfounded. Retaliation may take the obvious form of an immediate demotion, job reassignment, or poor performance review directly following a workplace discrimination complaint. Retaliation by an employer can also include more subtle measures. Such measures may take the form of suddenly being excluded from staff meetings or seeing a reduction in responsibilities following a complaint. Taking action against such an employer is one’s right and the process of doing so can seem less intimidating with the assistance of an attorney?

What is Obiorah Fields?

The lawyers at Obiorah Fields, LLC have dedicated their practice to protecting the rights of federal employees throughout the United States. Based in the Atlanta metro area, our attorneys represent workers across the country by filing electronic documents, holding meetings via phone, and traveling to official hearings when necessary. Filing a complaint with a government agency is tedious and paperwork intensive; our employment lawyers are experienced in handling federal administrative bureaucracy. Our firm ensures that all documentation is properly filed on time and keep our client’s cases moving. We are available to evaluate one’s case by phone or in person, and always negotiate affordable and reasonable rates. Contact our office today.

What are the different types of retaliation?

There are two types of retaliation. Retaliation to opposition occurs when an employer requires an employee to perform any act made illegal by law. Retaliation to participation occurs when an employer takes a materially adverse action against an employee for: 1 Filing a charge of discrimination with the EEOC or similar agency 2 Participating or assisting in an agency investigation 3 Filing or taking part in a discrimination lawsuit

What are protected activities?

Protected activities include: Refusing to follow orders that would result in discrimination. Filing or witnessing an EEOC charge, complaint, investigation, or lawsuit. Communicating with a supervisor or manager about employment discrimination. Resisting sexual advances or intervening to protect others.

Does the EEOC prohibit discrimination?

In other words, the EEOC prohibits employers from punishing applicants or employees of any sort for asserting their rights to be free from employment discrimination. If you assert your rights in this area you are performing a protected activity.

Can an employer retaliate against you for harassment?

As long as the claim of harassment or discrimination is made in good faith, your employer is prohibited from retaliating. However, it is not considered retaliation if your employer disciplines or terminates you or another employee for neglecting job duties, violate your employer’s rules, or other misconduct.

Is retaliation a materially adverse action?

Sometime retaliation is pretty blatant. Other times it can be quite subtle. In all cases, retaliation is a “materially adverse” action that would deter a reasonable person from making a complaint. Materially adverse actions can include:

Is retaliation illegal?

Retaliation is also illegal. It is the most common charge filed with the Equal Employment Opportunity Commission (EEOC). Determining whether retaliation has occurred is sometimes difficult but with the right documentation a claim of retaliation can be upheld in court as long as the facts of the case support it.