Workplace Retaliation
Our Attorneys Defend You Against Vicious Employer Attacks
Employer retaliation is the worst type of professional betrayal. The people you depend on to do the right thing have turned against you instead of protecting you against unfair or unethical practices. You may feel helpless, demoralized, and alone.
However, you have an advocate in our corner. Our law firm defends the rights of victims against employer or coworker retaliation.
Dhillon Law Group advocates for victims in a wide range of workplace retaliation cases. Contact us today for an initial case assessment, including harassment, discrimination, contract disputes, unethical practices, and hostile work environments. We represent you in complex cases to leverage your retaliation claim. Don’t take on your employer yourself. Let our law firm protect your rights and negotiate a fair settlement.
Fill out our online form or contact The Dhillon Group for confidential, no-obligation legal advice from a trusted employment lawyer.
What Is Workplace Retaliation?
Workplace retaliation is adverse actions taken by an employer against an employee for engaging in protected activities. These activities may include reporting discrimination, participating in investigations, or asserting their rights under labor laws.
Retaliation can include demotions, pay cuts, or unfavorable performance reviews. It creates a hostile work environment and discourages employees from speaking up about issues. Understanding workplace retaliation is crucial for protecting your rights and ensuring a fair workplace.
If you believe you are experiencing retaliation, document the incidents and contact our law firm. We can assess your claim and help you take the next steps.
Workplace Retaliation Laws: Know Your Rights
Did you know that it’s a Federal crime for an employer to retaliate against an employee for reporting harassment, discrimination, or unlawful activity? The following Act protects you from employer retaliation.
Prohibits employers from retaliating against employees for asserting their rights to be free from discrimination, including sexual harassment and discrimination. | |
Protects employees from retaliation for reporting unsafe working conditions or violations of workplace safety standards. | |
Prohibits retaliation against employees who file complaints regarding wage and hour violations, such as unpaid overtime. | |
Protects federal employees who report illegal activities or violations of laws by their employers from retaliation. | |
Protects employees from retaliation for taking or requesting leave for family or medical reasons. |
Workplace Retaliation Cases We Take On
Going up against an employer or coworker harassing you for filing a claim can be intimidating and confusing. It’s easy to make a mistake or give in to intimidation if you don’t know the law. Dhillon Law Group provides full legal support for all victims in all types of workplace retaliation cases, including:
- Sexual harassment
- Discrimination
- Family Medical Leave Act (FMLA)
- Safety violation report
- Union activity
- Whistleblower
- Workers’ compensation
- Equal pay
- Wage and hour
- Internal investigations
Discrimination and Harassment
Employers or coworkers may retaliate against you for reporting harassment or discrimination, including sexual, gender, sexual orientation, age, nationality, race, or disability. You may be a victim of intimidation or exclusion. In some cases, your employer may do nothing after you file a report with HR. If so, we can stop the harassment and submit a claim against your employer or harasser.
Whistleblower
It can be excruciating to be the one who has to blow the lid off of unethical or illegal activity. Doing so can result in severe workplace retaliation, such as termination, NDA or confidentiality countersuits, threats, and intimidation. Dhillon Law Group can take on your whistleblower case and legitimize your claim while protecting your rights against the company.
Employment Rights
Employment rights violations range from FMLA and workers’ compensation to ADA accommodations, contract disputes, or poor working conditions. When they occur, you may feel helpless or uncertain after you report them. Our legal team provides full legal support to ensure the employer compensates for violating your rights.
Wage and Hour Retaliation
Companies find numerous ways to subvert wage and hour laws. You may be a victim of misclassification, working off the clock, or illegal time card adjustments. An employer may be guilty of not paying for all hours worked or shifting hours to avoid overtime pay. If so, you may be entitled to compensation for lost pay and other damages.
Union and Collective Activity Retaliation
Under the National Labor Relations Act, Employees have the fundamental right to start, join, and participate in unions without employer interference or retaliation. If your employer pressures you to stop participating in activities or pull out of your union, they are violating union laws. We can defend you against employer retaliation for joining or participating in a union.
How to Identify Workplace Retaliation
To identify workplace retaliation, pay attention to sudden changes in your work environment after you report misconduct or assert your rights. Look for signs such as
- Unlawful termination
- Denial of promotion
- Negative performance evaluation
- Micromanagement
- Harassment or hostile environment
- Unlawful demotion
- Pay of benefit reduction
- Location or position transfer
- Exclusion
- Changes in work schedule
Consider whether you experience increased scrutiny, isolation, or hostility from supervisors or coworkers. You may be facing retaliation if these negative actions seem connected to your complaints or participation in union activities. Documenting these incidents can help you build a strong case if you decide to take legal action.
Here’s What to Do if You’re a Victim of Workplace Retaliation
If you are a victim of workplace retaliation, you can take steps to protect yourself and seek compensation for damages. Here’s what we recommend:
Document Each Incident of Retaliation
Carefully document any form of retaliation from your employer or coworkers. Gather all forms of evidence, including documents, correspondence, and emails. Take note of any actions against you that are related to your claims or formal reports.
Consult an Employment Lawyer
Once you’ve gathered evidence, contact our law firm. Tell us your story, ask questions, and address your concerns. We can guide you through the process of submitting a form claim against your employer. We’ll also handle litigation and start the process of negotiating a settlement with your employer.
Do Not Speak to Anyone About Your Situation
The more you talk to others about your case, the more you incriminate yourself or derail your case. Our attorneys can engage with all relevant parties on your behalf, including your employer, coworkers, witnesses, lawyers, and the court.
Maintain a Professional Appearance
If you haven’t been fired, continue to go to work and do your job to the best of your ability. Avoid any conversation and do not react to harassment of any kind. Stay focused and positive, and let our legal team manage your case and all communication.
John-Paul S. Deol
John-Paul S. Deol is a partner and the head of the Firm’s nationwide Employment Law Practice Group. He handles high-profile, high-stakes matters for some of the world’s best-known C-level executives, directors, EVPs, VPs, investment and law firm partners, founders, entrepreneurs, healthcare professionals, and other prominent leaders in their respective fields. His clients have been employed by many of the largest and most notable public and private companies in the technology, finance, private equity, venture capital, life sciences, legal, and healthcare sectors, among others. He has significant experience dealing with highly sensitive, high-pressure employment situations, including disputes that have garnered or could garner media attention in the future. His cases routinely involve issues relating to discrimination, retaliation, harassment, trade secrets, employee mobility, and compensation/ownership disputes. John-Paul also provides advice, counseling, and agreement drafting services to both employees and employers.
Contact Us for an Initial Case Review
Dhillon Law Group is an elite law firm that handles tough employment cases, including workplace and sexual harassment. We have law firms in California, New York, New Jersey, Florida, and Virginia. If you are a victim of unfair or unethical employment practices, we invite you to contact us today and tell us more about your case.
Fill out our online form or call Dhillon Law Group for an initial case review from an experienced employment lawyer.
Attorney Advertising
Frequently Asked Questions About Workplace Harassment
How long do I have to file a retaliation claim?
Time limits vary depending on the type of claim and jurisdiction. Federal claims often have a 180-day deadline. Some state laws allow longer periods.
What damages can I recover in a retaliation case?
You may recover lost wages, benefits, and emotional distress damages. Courts can award back pay, front pay, and reinstatement. Punitive damages may be available in some cases. Attorneys’ fees and costs are often recoverable.
How do I prove workplace retaliation?
Show you engaged in protected activity and faced adverse action. Demonstrate a causal connection between reporting an incident and the retaliation against you. Present documentation of the retaliation. Gather witness statements supporting your claim.
Can my employer retaliate against me for supporting a coworker's complaint?
Employers cannot retaliate against employees who support others’ complaints. This protection extends to witnesses in investigations. Participating in protected activities shields you from retaliation. Report any adverse actions taken against you for supporting coworkers.
What is constructive discharge?
Constructive discharge occurs when an employer makes working conditions so intolerable that an employee resigns. This can be a form of retaliation. Employers may create hostile environments to force resignations.
What is the role of HR in retaliation cases?
HR should investigate retaliation complaints and take corrective action. They must maintain confidentiality and protect complainants. However, HR represents the company’s interests. Consider seeking outside legal advice in addition to reporting to HR.
What is the "cat's paw" theory in retaliation cases?
The “cat’s paw” theory holds employers liable when supervisors influence decision-makers to retaliate. This applies even if decision-makers are unaware of the retaliatory motive. Courts consider whether biased supervisors’ actions caused the adverse employment action.
What is anticipatory retaliation?
Anticipatory retaliation occurs when employers punish employees who might engage in protected activities. This can include preemptive firings or demotions. Courts recognize anticipatory retaliation as illegal.