Retaliation Claims – More Common Than Once Thought

In the “Me-Too” Era, more and more claims of harassment and retaliation are coming to light. One of the most surprising outcomes of this movement is learning just how many individuals suffered from discrimination or retaliation, but were too afraid to speak up against it. Victims are often bullied into repressing their thoughts and emotions by aggressors who use intimidation tactics to silence opponents. Simply said, retaliation is the adverse action taken by an employer to punish an employee or job applicant for engaging in a legally protected activity. This often arises in the context of whistleblowing, or exposing some type of ethical or fraudulent issue at the workplace. But, as we have learned over the last few years, retaliation can occur at any job, for just about any reason.

LEGAL PROTECTIONS

Under the United States Equal Employment Opportunity Commission (EEOC), victims of retaliation and workplace discrimination are protected under the law. In fact, the EEOC is explicit in its prohibition against punishing job applicants or employees for asserting their rights to be free from harassment. Despite the obvious illegality and ethical issues of workplace retaliation, retaliatory claims account for the most common form of workplace discrimination. Employers are not permitted to take action against an employee for participating in an investigation against the employer, filing an EEO complaint, commencing a lawsuit against the employer for harassment, refusing to follow an order that would discriminate against another human being, using FMLA leave, filing for workers’ compensation, or even intervening to protect someone who is disabled or who is persecuted for practicing their religion. Even if your action does not fall into one of these categories, you should contact an attorney to determine if you have a claim based upon the facts of your own individual case.

FORMS OF RETALIATION

If you, a family member or a friend have suffered some form of retaliatory treatment, you need to contact an Employment Attorney to learn how to safeguard your rights. 

Retaliation can take many forms, including:

• Unwarranted issuance of a negative performance evaluation;
• Poor attitude towards victim;
• Demotion;
• Transferring an employee to an undesirable position;
• Physical abuse;
• Denial of training;
• Refusal to hire;
• Intentionally inflicting emotional distress;
• Exclusion from meetings;
• Firing or termination;
• Threatening to make reports to authoritative agencies, such as immigration or police;
• Gossiping about the employee;
• Denial of raise;
• Workplace hostility;
• Increased scrutiny;
• Other discipline.

Contact Shalom Law, PLLC to discuss your situation

Retaliation happens every day. If you feel that you are the victim of retaliatory behavior from your employer, you must contact an Employment Attorney to secure your rights. 

Meeting with an Employment Attorney is the first step to obtaining justice for your claim. An attorney can discuss the importance of establishing a timeline of events, recording key events, obtaining evidence to support your claim, and building the case.

While you may not be able to return to your job, an Employment Attorney may assist you with securing compensation for your lost opportunities, wrongful termination, and potential reimbursement for discriminatory wages.

If you cannot find recourse under the laws mentioned in this article, you may have a cause of action under the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), or the Civil Rights Act, depending on the facts of your case. SHALOM LAW, PLLC can also discuss qui tam claims with you under the Federal False Claims Act, which allows employeesto pursue financial damages for blowing the whistle on fraud committed against the federal government.

SHALOM LAW, PLLC has experience with representing clients in various Employment and Labor related matters, including litigation, arbitration, compliance, general counseling, and victims’ rights. In addition to the issues presented above, you should also contact Jonathan Shalom, Esq. about any questions regarding FLSA, labor laws, discrimination, wrongful termination, hostile work environments, or any other type of legal issues. SHALOM LAW, PLLC is available to discuss your case at (718) 971-9474, or by email at
This email address is being protected from spambots. You need JavaScript enabled to view it..  

The bottom line is this: no matter who the individual is – employer, boss, supervisor, manager, director, or even an executive level individual – no one should feel afraid or harassed at work.”

By Jonathan Shalom, Esq.

---

Jonathan Shalom, Esq., a duly admitted attorney representing and counseling clients with all Employment and Healthcare law matters in New York State. Mr. Shalom may be contacted at 718-971-9474 for a free consultation.