Did you know that a lot of the complaints against discrimination that people file with the Equal Employment Opportunity Commission (EEOC) in the US are about retaliation? The EEOC received 88,531 new discrimination complaints in the fiscal year 2024 alone.
Workplace retaliation is when an employer punishes an employee for performing an act that is protected by law. After you report harassment, safety issues or discrimination at work, watch for a change in your treatment by your boss or coworkers.
Los Angeles retaliation attorney Jennifer Kramer says when an employer penalizes an employee for engaging in a legally protected activity, the employer can be held liable for retaliation.
The truth is, the law protects workers from retaliation. This article will help you understand what to expect when filing a claim and how to take the next steps.
Photo by Israel Andrade on Unsplash
Understanding Workplace Retaliation
Some workers fear their bosses’ reactions if they speak out about unsafe or unfair work conditions. You can protect your rights in the right way if you know about your rights as a worker.
Any retaliation could lead to your job loss, reduced hours, or even an unlawful firing. Be mindful that contemporary labor legislation does protect workers against these illegal acts. Employers could retaliate against an individual who has made a complaint.
According to the Law Offices of Jeffrey Fulton, you may be a victim of retaliation without realizing it. Employers know such activity is illegal and may try to conceal the intent of their mistreatment.
Recognizing your entitlements as a worker allows you to practice preventive measures. Acts of revenge are sometimes not well hidden, even though they are clear and obvious. You can promote a safe and just environment when you know how to identify the signs of retaliation.
Updates on workplace retaliation laws are a great reminder for those in need of assistance to reach out for help.
Gathering Evidence and Documentation
If you think someone is trying to hurt you, get proof to back up your accusation.
The first thing you need to do is search through your emails, notes, and other documents for mentions of any form of retaliation against you. You also need to create a list of any memories associated with these incidents or calls that can be tied to retaliation. Important details like date, time, and witness names should be gathered.
Explain how the acts of retaliation affect your work or health. Highlight any changes to your tasks or how your coworkers treat you. Include any job reviews, punishments, or other official records that have to do with the retaliatory act.
Putting together this evidence adds more context to your situation. Keep everything well organized and accessible in a safe place since you are going to want to refer to it as you pursue your claim.
Filing Your Claim: The Legal Process
Filing a claim is a significant process in handling workplace retaliation. A successful claim requires quite a lot of legal know-how.
You must find the right agency to file your complaint based on your location and employer’s status. More often than not, claims are filed to the EEOC or a state labor board.
Send in a formal complaint about what happened to you, along with any proof you have. After you file, the agency looks into your claim for a few months. Be ready to provide more information if asked.
The agency may send the claimant a “right to sue” letter after the investigation. This notice allows them to initiate a lawsuit against the offending party. Maintaining your paperwork and staying informed will help you through the process.
Possible Outcomes of a Retaliation Claim
Understanding the various retaliation claim settlements may help you prepare for the future. Reinstatement, back pay, or damages may result from a merits hearing.
The claim may be dismissed if the investigation finds inadequate proof. The judge or jury’s verdict may determine what will happen to your case if you go to court.
Sometimes, cases settle out of court, providing you with some compensation without the hassle of a trial.
Protecting Yourself During the Process
Don’t hesitate to stand up and protect yourself from any acts of workplace retaliation. Record incidences, dates, communications, names and contact information of those involved, and proof. Meticulous documentation can help build a strong case.
A person should avoid arguments with their boss or with coworkers. These disagreements can lead to job loss. An employment lawyer can help someone understand the law, their rights, and the options available.
You can also ask friends or coworkers for help coping with stress. Prioritize your mental health and fighting off stress. Stress management can effectively address your anxiety regarding your case. Be persistent in defending your rights.
