Workplace Retaliation Lawyer
If you have filed a complaint with your company or a third-party organization about discrimination or unfair treatment, you still have the right to work without fear of retaliation. You could be entitled to compensation if your manager or other company representatives have started treating you poorly because of your decision to come forward and report illegal conduct. Whether or not you were able to prove your case, the law wants you to feel comfortable reporting such issues when they occur so that everyone can enjoy a safe and inviting work environment.
In addition to safeguarding those who face workplace retaliation, the law also aims to protect those who stand up for their co-workers. The problem, though, is that workplace retaliation is often a challenge to prove, and you won’t always know where you can turn for support and guidance. The following guide will reveal information you need to know about workplace retaliation, your available options and how a workplace retaliation lawyer can help.
Understanding The Problem
Understanding retaliation in the workplace and how to spot it is a vital first step for those who want to protect themselves and their co-workers. If you report that you or someone you work with is being harassed based on gender, religion, race or something else, your employer is prohibited from acting in any way against you for bringing this to their attention.
Although it’s often hard to detect if you don’t know the warning signs, retaliation can take many forms. It includes any action taken by your employer that negatively affects you. These actions can include negative performance reviews, unfavorable assignments, termination, being overlooked for promotions and more.
Examples of Workplace Retaliation
The company for which John works requires employees to work long hours and to put in extra time on the weekends. However, management knows that people have needs and lives outside of work and tries to accommodate those who request time off at least two weeks in advance. In most cases, management gives days off based on who requested them first.
John does not know why, but management usually overlooks his requests even when he is the first to ask for a day off. John suspects that he does not get his requests answered because he is a Muslim, but management says it’s only a coincidence and dismisses his claim. When management posted the new schedule the following week, John noticed that he is set to work even more than before, and his supervisor has required him to work overtime on the days he wanted off to be with his family.
In the following weeks, management moves John to a position that offers lower pay. Even though John did not prove his original claim of harassment, management gave him different treatment not long after he voiced his concern. If the employer cannot come up with a legitimate good faith reason for its actions, John has a strong case for a workplace retaliation lawsuit.
OSHA Whistleblower Protection Laws
Not only does the law protect those who speak out against discrimination, but it also safeguards people who report safety violations to the Occupational Safety and Health Administration, or OSHA. Employees have a legal right to work in a place that is free of hazards. Whistleblowers can seek help by contacting OSHA.
No matter if you speak with your boss, human resources or a government agency about your concerns, the law is on your side. You can reach out to OSHA if you think your manager is retaliating because you tried to make your work environment safer for everyone. As far as OSHA protection is concerned, you have 30 days after the alleged harassment to report the issue.
Workplace Retaliation Statistics
Victims of retaliation and discrimination often feel alone in their struggle because they don’t know the facts, but looking at the statistics can disprove the myth. In 1997, the Equal Employment Opportunity Commission received 80,680 complaints of harassment or discrimination, but the number jumped to more than 90,000 by 2016. Since a lot of cases remain unreported, these statistics might not represent the actual number of people who have experienced discrimination in the workplace.
How To Properly Respond
When you face workplace retaliation and want to seek justice, taking the right steps will boost your odds of success. You can begin by bringing the issue to the attention of your manager’s immediate supervisor, and this act could solve the issue.
If the problem persists or gets worse than before, your next step is to contact your human resources department so that it can attempt to find a peaceful resolution. Despite your best efforts, you won’t always be able to stop or prevent harassment or retaliation, but nobody should work under such conditions. Contacting a lawyer is a wise move when all of your other options have failed.
How to Prove Your Complaint
Proving your case can seem like an uphill battle when you are facing retaliation, but you can try several things to make the process easier. Your first goal is to collect as much evidence as you can to prevent your management team from making excuses and covering their tracks. If you can do so, take pictures of your schedule and daily assignments before reporting discrimination to your manager or anyone else. If your manager changes your schedule after you file the report, take pictures of it for comparison.
You will want to note the dates, times and witnesses of each retaliation incident if you would like to build a solid case. Rather than just speaking with management or human resources about your concerns, you can write a report and request a copy. Since you will want to create a paper trail, send email copies of your complaint to your company, showing that you are taking every possible step to solving the issue peacefully. A workplace retaliation lawyer can help you with all of these steps.
Why You Need a Workplace Retaliation Lawyer
Although this guide has given you a strong foundation from which to start, it won’t be enough if you would like to optimize your odds of success. No guide or book can compare to the training, experience, and education of a knowledgeable legal expert.
Your workplace retaliation lawyer will review the details of your case and help you craft the best possible strategy. Your lawyer can look at the emails you send and make corrections that will maximize your effectiveness. With a legal professional by your side, you will know what steps to take and won’t need to worry about selecting the wrong path.
You can turn to the team at the Lipinsky Law Firm if you are looking for legal experts who will have your back at each part of the process. When you come to us for guidance, we will learn about you, your needs and your desired outcome so that we can craft an approach that is unique to your situation.
Our team consists of passionate individuals who care about the needs of each client who walks through our doors for advice or legal representation, and we take pride in offering them impressive results. Since we give free consultations, you have nothing to lose and everything to gain by reaching out to us, so we invite you to give us a call right away. We will answer your questions and address your concerns because we want you to make an informed decision that makes the most sense for your situation.
- This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.
A Review of Rizio Liberty Lipinsky
Workplace Retaliation Lawyer
I was the victim of harassment at my place of work, based on my same sex relationship and my status as a gay male. I was taunted, called names, humiliated in front of co-workers by my supervisors and manager. When I told my H.R rep and district H.R they did nothing. The last straw was when my H.R and supervisor started telling the general workforce about my sexual status and if they've ever seen me in any lude acts. That's when I took legal acting against the company. Daren was recommend to me by a friend, so i looked him up and read his profile. I was looking for a lawyer who had experience in labor relations, sexual harassment and harassment based on sexual orientation and he fit the bill.
From our first meeting, he made me feel comfortable discussing the full details of what was happening to me at work. He took notes and kept me composed during every meeting we had. He gave me realistic time frames for what was to come moving forward. Standing up to my harassers was not easy but Daren assured me that I was making things better for myself and others.
Fast forward several months.... Litigation time. He prepared me about the environment we were about to enter. I was extremely nervous and excited at the same time. I wanted to tell the "Big Brown company" I have worked for and still do what they've done to me and how wrong they were to treat me and many others like me that way. So they had the TEAM of lawyers and the district H.R manger on one side and Daren and I on the other. Daren's words were sharp, clear and to the point. To make a long story short, we came to a very fare settlement. I did not loose any wages and still had my job which I've held for 17 yrs.
In the end I left really good for what I've done and I owe it all to Daren, for taking my case, knowing the law and caring for peoples rights in today's society.