What is Employer Retaliation?

Employer retaliation can come in a wide variety of forms, but generally, any action taken against an employee in response to the employee filing a claim against them, i.e, complaining to human resources or otherwise taking advantage of rights granted them by federal and state labor laws.

There are laws written into the Civil Rights Act, American with Disabilities Act, Age Discrimination in Employment Act and the Equal Pay Act that specifically forbid employers from retaliating against an employee due to complaints, claims or other actions legally taken by an employee against their employer.

What Constitutes Employer Retaliation?

An employer may do a many number of things that would constitute retaliation. Some of the most common things include:

• Wrongfully terminating employment
• Refusing to grant an earned promotion
• Unjustifiably reducing the number of hours an employee may work
• Reassigning the employee to a Lower Position
• Writing up untrue negative reviews or those inconsistent with typical company policy
• Creating an uncomfortable or hostile work environment

Proving a retaliation claim can be difficult because it is often done in such a way that the employer can “justify” their actions. However, an investigation can usually reveal illegal actions on the part of the employer.

What Can an Employee Do?

Any employee that has been fired or otherwise retaliated against should consider talking to an employment lawyer. It’s difficult to bring legal action without the guidance of an attorney experienced in dealing with these matters. Retaliation and wrongful termination are not uncommon occurrences, and there are legal remedies for employees dealing with these issues.

Time Limits for Making a Claim

There are very short time limits for bringing a retaliation or wrongful termination claim, only a few weeks in cases of unsafe working conditions reported to OSHA. It is important to discuss your case with a qualified attorney as soon as possible to avoid missing the window of opportunity. Once the statute of limitations has run, any claims will be barred and remedies will no longer be available.