What is retaliation in the workplace? Workplace retaliation involves an employer taking adverse action against a worker who engaged in a protected activity. For example, firing an employee who brought up a potential employment violation would qualify as retaliation.
You can learn more about this subject from a Boston workplace retaliation lawyer on our team at Duddy, Goodwin & Pollard. We understand the impacts of this illegal action and can assess your situation to see if you faced retaliation.
Learn more by calling or completing our online contact form.
What Is Workplace Retaliation?
Employers must commit specific wrongful acts to carry out retaliation in the workplace. In many cases, retaliation occurs when an employer fires an employee who engaged in a protected activity. However, other adverse actions can also qualify as retaliation.
Retaliation may involve any action that could dissuade an employee from participating in protected activities, including:
- Making a complaint about worker’s rights
- Asking about work hours, pay, or additional rights
- Taking part in a WHD (Wage and Hour Division) investigation
You can contact a Boston labor and employment lawyer to discuss specific actions and determine whether they qualify as retaliation.
For a free legal consultation, call (860) 999-9394
Who Can Engage in Retaliation in the Workplace?
Some employees in Massachusetts believe they may only experience workplace retaliation from a business owner. However, many individuals may become involved in the retaliation process, including:
- Managers
- Administrators
- Supervisors
You can contact a firm specializing in labor and employment law to learn more about potential sources of workplace retaliation.
What Actions Qualify as Retaliation?
The Equal Employment Opportunity Commission (EEOC) focuses on stopping retaliation by making it personal. According to the EEOC, retaliation may involve actions like harassing, demoting, or firing an individual.
The government considers workplace retaliation an illegal action, regardless of the form it takes. Therefore, it’s essential that you reach out to a lawyer immediately for help if you believe you faced this situation in your workplace.
A legal team can review your circumstances and determine if you have a claim. An attorney can also discuss what makes a strong workplace retaliation case.
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Why do Employers Engage in Retaliation?
Employers may engage in workplace retaliation in an attempt to punish employees or to dissuade workers from engaging in protected activities. In many cases, retaliation occurs after employees:
Make a Wage Claim
You may face workplace retaliation if you request wages you deserve or report an employer’s failure to pay you properly. Sometimes, retaliation occurs if you report your employer for misclassifying you as an independent contractor.
File a Leave or Accommodation Claim
You have a right to request reasonable accommodations from your workplace. However, requesting these accommodations may result in retaliation. Likewise, employers sometimes retaliate against employees who take Family Leave and Medical Act (FMLA) leave.
Report Sexual Harassment or Discrimination
Employees may find themselves dealing with retaliation if they:
- Report discrimination to an employer, the EEOC, or another agency
- Report any form of sexual harassment
- Oppose discriminatory practices
- Take part in a discrimination lawsuit or investigation
Sometimes, employees who refuse to participate in the discrimination of another worker may face retaliation.
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How do You Win a Workplace Retaliation Claim?
You may successfully resolve a workplace retaliation claim by showing that your employer acted in a wrongful way to punish you for participating in a protected activity. Lawyers look for evidence to support these claims, which may include:
- Records of direct comments made by an employer
- Sudden changes to your performance reviews
- Poor treatment compared to your fellow employees
Additionally, your attorney may dig into your circumstances to determine if your employer deviated from set policies to discipline you. Lawyers also look at the timing of an employer’s actions to determine if you should move forward with a workplace retaliation claim.
Remember, workplace retaliation is always illegal. Reach out to a legal professional if you believe your employer fired you after you took part in a protected activity.
Do You Have to Establish an Underlying Violation of the Law to Prove Retaliation?
You may have a valid workplace retaliation claim if you get fired after engaging in any protected activity, such as filing a claim against your employer for discrimination. You may have a valid workplace retaliation claim even if the legal system finds no evidence for initial discrimination.
Employers may face legal liability regardless of the facts surrounding your initial complaint if they act vengefully in the aftermath.
Learn More About Workplace Retaliation with Our Team
What is retaliation in the workplace? It occurs when an employer fires—or otherwise takes adverse action—against an employee who engages in a protected activity. Our team at Duddy, Goodwin & Pollard can provide more detailed information about this illegal activity.
We’re ready to answer your questions when you call or complete our online contact form.
Call or text (860) 999-9394 or complete a Free Case Evaluation form