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Things That You Must Know About Retaliatory Discharge

March 19, 2018

Retaliatory discharge is typically any sort of circumstance in which a worker or an employee is terminated for retaliation or punishment for performing or participating in a legally protected activity. Such legal action may include a discrimination claim, refusing to perform discriminatory behavior even if the employer asks, or whistleblowing about any illegal activity executed at the organization. Such form of discharge of an employee is wrongful termination. Employees facing such job termination should consult a reputable retaliatory discharge lawyer to help them defend their rights.

In fact, you can make legal proceedings for wrongful termination when your employer expels you out of retaliation rather than any skill or competency factor. Several legally protected steps and activities cannot affect your employment status, such as filing a complaint about discrimination or harassment or filing any sort of complaint with the US Equal Employment Opportunity Commission.

There may be a wrongful termination case when your employer has retaliated in any way, such as denying you a promotion based on your complaints or providing you a negative or poor performance review.

Organizations engaging in retaliatory discharge may have to bear significant charges in damages to the workers as compensation not only for the lost wages but also for other issues, like mental anguish. For a workplace retaliation to be considered, you have to prove that:

  • you were engaged in a kind of protected activity.

  • your employer or company took against you; and

  • there is a distinct connection between your activity and the action of your employer

Make sure you clearly comprehend the details of each of the three elements to defend your matter. Some more elements are essential to prove a causal link between your protected activity and the employer’s negative action or retaliation, including:

  • The timing of each action: When the negative action by your employer is taken almost right away after your protected activity.

  • Employer’s knowledge: The employer has to know that their negative action does constitute a retaliation.

If you think your present employer wrongfully terminated you, then you may have a legal recourse. Thus, talk to a retaliatory discharge lawyer as soon as you can in order to document your case. An employment lawyer can help you better comprehend wrongful termination laws as well as prepare you for an effective testimony in your wrongful termination case.

For more information or to schedule a free consultation, contact Law Office of Michael T. Smith today to speak with an experienced attorney on this topic.