Ringgold Workplace Retaliation Lawyer
There are many laws in place to address serious workplace problems such as discrimination, unfair pay, safety, harassment, and fraud. To make these laws work, employees must be able to step forward and raise issues that they observe without fear for their livelihoods.
Because of this, many laws include anti-retaliation provisions that make it unlawful for employers to take action against employees who complain about some workplace problems. Employees concerned about retaliation can get advice from a Ringgold workplace retaliation lawyer to help understand his or her legal rights. To learn more, contact one of our experienced FLSA attorneys.
Defining Workplace Retaliation
Workplace retaliation takes place when an employer acts against an employee who has engaged in a legally protected activity. Several federal and state laws contain anti-retaliation provisions.
Retaliation can include any adverse job action including termination, demotion, denial of a promotion, reassignment, or transfer. Sometimes retaliation can be subtler, however, and any adverse treatment that can be linked to an employee’s protected activity is potentially retaliatory. For more information about what constitutes as workers retaliation, contact a Ringgold workers retaliation lawyer.
Protected Activity
Federal employment laws protect employees who complain about unlawful workplace practices such as discrimination, sexual harassment, or pay violations. This includes formal complaints such as the filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or the Department of Labor (DOL).
It also includes internal complaints opposing unlawful employment practices. The law protects employees acting in good faith when they make a complaint, even if the underlying concern is not proven.
The law also prohibits retaliation against employees who cooperate with investigations, including formal investigations by government bodies such as the EEOC and the DOL, as well as internal investigations by the employer.
Federal laws protect other types of activities as well. The Family Medical Leave Act (FMLA) prohibits retaliation against employees who request FMLA leave. The False Claims Act protects whistleblowers who act to stop a company from defrauding the federal government. The Occupational Safety and Health Act (OSHA) prohibits retaliation against employees who complain about unsafe working conditions.
Adverse Action
The most obvious types of adverse actions are those that affect an employee financially such as termination, demotion, or a denied raise or promotion. Other, less tangible actions can also be retaliatory. These include:
- Threats of job loss
- Transfer to a less desirable location or office
- Stalking/bullying
- Micromanagement
- Poor performance review
Generally, anything that alters the terms and conditions of employment in ways that could deter an employee from making a complaint can constitute unlawful retaliation.
Proving Workplace Retaliation
The success of a retaliation case depends on showing causation between a protected activity and any adverse action(s). Rarely will an employer explicitly tell an employee he or she is being fired for making a complaint. Sometimes timing provides strong evidence of retaliation. For example, an employee who is reassigned to a more menial position the week after his or her employer learned about his or her OSHA charge would have good reason to suspect a retaliatory motive.
Employees who believe they are being retaliated against may find it helpful to keep track of actions taken against them and the employer’s state reasons. Retaliation may be to blame if the employer has no legitimate reason for taking action that affects a person’s workplace conditions. Employees concerned about possible retaliation may benefit from personal legal advice from a Ringgold workplace retaliation lawyer experienced in addressing these issues.
How a Ringgold Workplace Retaliation Attorney Could Help
Workplace retaliation can be a serious problem. You should consider getting expert legal advice if you have concerns about workplace retaliation. This is particularly so if you have been terminated or lost substantial earnings because of suspected retaliation.
A qualified Ringgold workplace retaliation lawyer could provide skilled guidance and help you get the best result for your case. Call today to learn how our attorneys can help.
