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. Even so, it is not uncommon for employers to attempt to punish employees who engage in these legally sanctioned activities—by skipping them over for promotions, transferring them to undesirable locations, excluding them from workplace training and mentoring opportunities, and more.

Such actions fall under the legal heading of workplace retaliation, instances of which range from the overt to the subtle. The rule of thumb is that if the employer’s negative action would deter a reasonable person in the situation from speaking out or lodging a complaint, there are legal grounds to view it as retaliation.

According to federal law, employees have the legal right to complain, either internally or to an outside body such as the Equal Employment Opportunity Commission, the Securities and Exchange Commission, and other federal agencies; these complaints may regard harassment or discrimination without the workplace. These legal rights are upheld even if the concerns about unlawful conduct turn out to be untrue, so long as the complaints were made in good faith.

Federal laws also protect employees who cooperate in investigations or serve as witnesses in litigation—even litigation against the employer. The law safeguards the act of “whistleblowing,” too. Whistleblowing means speaking out against an unsafe work environment, illegal activity, or the suppression of worker rights. In addition to these federal protections, there are many state laws that further clarify or expand workers’ rights, such as the right to file a worker’s compensation claim without fear of retaliation.

Whistleblower and retaliation claims are often discussed interchangeably, and there can be some overlap. However, they are not synonymous. Whistleblowing typically involves claims or complaints that focus on activities prohibited by law and/or activities that compromise public safety. A workplace retaliation claim may have more to do with individual employee rights—the right to be paid overtime, the right to speak up against harassment, etc.

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.

When you file a complaint about an employer, or participate in an investigation, your employer’s attitude and demeanor toward you may change—and if that change affects you adversely, it may be a sign of retaliation. If the employer behaves, for example, less friendly than before, that is not necessarily a sign of retaliatory behavior.

In other instances, cases of retaliatory behavior can be easier to detect. For example, if you are abruptly fired, demoted, or transferred within days of making a complaint, that’s grounds for suspicion. Other examples of an adverse employment action may include exclusion from staff meetings, the boss suddenly choosing to micromanage you, or an undue harsh performance review.

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

• Discrimination claim retaliation
• Union and concerted activity retaliation
• Political activity retaliation
• Public employees and First Amendment rights retaliation
• Workers’ comp retaliation
• Wage and hour retaliation

If you believe you have been the subject of retaliatory actions by your employer, we invite you to speak with an employment law attorney from Dhillon Law Group. Contact us today to discuss the details of your claim.

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.

Dhillon Law Group is proud to serve as a top retaliation firm. If you suffer retaliation at work, or if you are worried about what may happen to you if you come forward to report illegal conduct at work, our attorneys may be able to represent you in your case.

Dhillon’s attorneys are especially knowledgeable about retaliation cases. Our lawyers will quickly determine the true nature of the dispute and advise clients on the best path forward toward their desired legal outcome.