Retaliation
Employers cannot take adverse action against you for engaging in a protected activity
Very often, employees are fearful of filing complaints or lawsuits or reporting their employer’s for engaging in illegal practices and activity due to the fear of being retaliated against. Fortunately, employers are prohibited from retaliating against employees who engage in protected activity, refuse to participate in illegal activity or conduct or simply based on their race, color, ancestry, national origin, religion, age, disability, sex, gender, sexual orientation, gender identity, medical condition, genetic information, marital status and military or veteran status.
Unfortunately, retaliation against employees occurs regularly in the workplace. Retaliation occurs when an employer takes certain actions against employees based on certain actions or inactions by employees or because of the employee’s protected characteristics. Some examples of an employee’s conduct that may lead to retaliation include the following:
- Engaging in protected activity such as filing a complaint or lawsuit
- Reporting illegal activity, practices or conduct such as harassment, discrimination or wage and hour violations
- Refusing to participate in fraud or illegal activity, practices and conduct
- Taking medical leave or requesting reasonable accommodations
- Taking time off for illness or childbirth
Common retaliatory conduct includes the following:
- Firing employee
- Reducing employee’s hours
- Reducing employee’s wages or salary
- Reducing employee’s benefits
- Demoting employee
- Re-assigning employee to a less desirable job or position
- Re-assigning employee to a less desirable location
If you have been retaliated against, it is important that you immediately contact Nahavandi Law for a free case evaluation. Our attorneys have substantial experience in labor and employment law and you will not pay any attorney fees unless there is a recovery.
