Retaliation

It’s an all-too-common story, you thought you were doing the right thing by bringing legitimate concerns to management’s attention, but ever since then, your manager’s treatment of you changed…and not for the better. Or maybe you caught an error in your pay and asked your employer to correct it and then lost the promotion you were sure you were going to get. In situations like these, you might be the victim of retaliation.

Retaliation occurs when an employer refuses to hire you, fires you, reduces your pay, denies you a promotion, or harasses you because of something you did or said. If what you did or said was a “legally protected activity,” this retaliation is illegal.

But what is a protected activity? It can take many forms, but it usually involves either asserting a right or reporting a wrong. For example, complaining about harassment or discrimination is a legally protected activity, as is reporting fraud or refusing to do something illegal. The following activities would be legally protected:

Of course, this isn’t a complete list. You should talk to a lawyer who can go over your specific situation to help you determine whether or not your behavior was legally protected.

How RAK Law Can Help

If you are suffering retaliation, here is how an attorney can help:

Stop the retaliation. If you contact an attorney early enough in the process, they can sometimes convince your employer to take steps to end the retaliation. The manager who is retaliating against you may be disciplined or transferred, or, if you prefer, you may be transferred to a different manager or location. Regardless, getting an attorney involved early in the process can help you navigate it smoothly and ensure that your employer complies with the law.

Get you out. In many cases, by the time a victim of retaliation retains an attorney, the offending behavior has become so offensive that they just want to leave. In these cases, an attorney can work directly with your employer to negotiate an exit package that protects your interests and preserves your reputation.

You can sue. If your employer is not willing to negotiate an out-of-court resolution you may have no choice but to bring a lawsuit. A good attorney will walk you through the process and make sure you understand the risks and potential benefits and, if you decide to sue, will fiercely advocate for your rights and always keep your best interests in mind.