When is the Right Time to Hire an Attorney in a Retaliation Case?
Jan. 3, 2018
Many times, we come across a situation at our workplace where we know what the right thing to do is, but the consequences of doing it isn’t in our favor. If you have decided to take action by reporting your employer for their discriminatory acts or violation of any laws, there is a high chance they may retaliate and take drastic measures against you. Most people depend on their job to feed their families and even the thought of losing it is enough for them to take back their decision.
However, you should not worry about your employer as you are protected by the law for doing “the right thing”.
What you need to Know about Retaliation
If an employee reports an employer, manager, or fellow employer, for a wrong-doing or illegal act, they are said to have done a protected activity. If the employer, in response to the employee’s action, takes an adverse action to punish them, then they have committed retaliation.
Protected Activity
It refers to an action an employee takes in response to an activity that they consider is illegal, such as violation of law, sexual harassment, discrimination, and others. A protected activity can be filing a complaint about the activity, resisting participating in the activity, and even reporting the activity if they are being done toward another employee.
Adverse Action
It refers to the response or action of an employer to the protected activity that is intended to harm the employee. An adverse action can virtually take any form, such as termination, demotion, exclusion from meetings, and others.
When you Should Hire an Retaliatory Discharge Attorney
The laws pertaining to retaliation are complicated and differ among states. Since there are many complexities involved in proving workplace retaliation, it is better to let a person who has requisite knowledge and experience in the practice area handle your case. A retaliatory discharge attorney can determine whether you have a retaliation case against your employer. Moreover, they will help you evaluate whether filing a claim or lawsuit will be beneficial in your situation.
You will have to fulfill the following three requirements to have a legitimate workplace retaliation case:
You must establish that you engaged in a protected activity and filed a complaint with an authority.
You have been subjected to an adverse action by your employer.
The adverse action is related to the protected activity.
It is imperative to prove that all three things happened in the same order. In such a case, a retaliatory discharge attorney can help you connect the dots and ensure the success of your claim.
Retaliation is becoming increasingly common and employees should know their rights and how they can protect themselves from their employer’s actions. It is recommended that you talk to an experienced Roselle retaliatory discharge attorney to discuss your case and evaluate your legal options. Contact the Law Office of Michael T. Smith today for a consultation.