Employment Discrimination - Retaliation Claims
Many laws protecting employees allow them to bring retaliation claims if their employers interfere with the exercise of their legal rights. Retaliation generally takes the form of demotion, harassment, or termination of employment. An employer may not retaliate against an employee who engages in conduct protected by law. Protected conduct includes opposing workplace discrimination against yourself or another employee, assisting an investigation of discrimination, refusing to engage in conduct you believe to be unlawful, asking your employer about your legal rights, or otherwise exercising your rights under the law. Employees also have the right to organize without employer retaliation. This right includes the right to join or assist labor unions, to bargain collectively through representatives of their own choosing, and to engage in other activities for mutual aid or protection. Public employees may have additional protections, such as the right to be fired only for a good reason and the right to engage in free speech and political activities.
Some examples of retaliation are:
- You are harassed, demoted, or fired after you make a complaint, or after you help a co-worker make a complaint, about something your employer is doing that you believe to be against the law.
- You are harassed, demoted, or fired after you assist with an investigation of your employer’s employment practices.
- Your employer tries to discourage or prevent you and your co-workers from forming or joining a union, from participating in union activities, or from working together to deal with management.
- Your employer tries to prevent you from exercising your rights as an employee, or treats you unfairly after you have exercised them.
- You are a public employee, and your employer fires you for making written or verbal comments about a topic that is of concern to the general public.
Nichols Kaster & Anderson, PLLP has litigation experience in many types of cases, including employer retaliation. If you think you may become involved in litigation with your employer, feel free to contact us.
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