Employment Law Cases

Speaking up in the workplace about unfair employment practices is a protected right of workers. The United States put laws in place to safeguard this type of conduct because employers retaliate sometimes when a worker complains about conditions. Activities that commonly invite employer retaliation include exercising worker rights, reporting alleged violations of the law to proper authorities, and participating in legal proceedings as a plaintiff or defendant involving the place of work.

Particular protections under law against retaliation include the National Labor Relations Act (NLRA) and the Civil Rights Act of 1964. The NLRA guards employees who complain about the conditions of their job. The Civil Rights Act protects workers who speak out against discriminatory employment practices. Additionally, the United States Constitution defends against retaliation for exercising free speech. Whistleblower laws guard employees who blow the whistle on their place of employment after all other grievance systems have been exhausted.

To file a charge of retaliation, the offense must “have been materially adverse to a reasonable employee or applicant” and “the challenged action well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” Since many employers refuse to admit to retaliatory practices, employees must establish a connection between the protected activity and the negative consequences endured. This link can be developed by evidencing a lack of investigation into an employee’s grievance, unequal treatment of the complaining employee, an adverse action close in time to the protected activity, a bogus explanation for the retaliation, or a pattern of hostility towards dissenting employees.

Because retaliation is generally considered an action where employees get mad and get even with the complainer, time is critical to proving claims. Courts have dismissed cases where plaintiffs waited too long to file retaliation claims. If you feel like you are being retaliated or discriminated against at your job because of recent protected conduct, several steps are recommended. First of all, making sure your employer has no reason to complain of your workplace conduct is advisable. Second, keeping a log of all vengeful actions in written form is a good idea. Furthermore, politely rebutting all unwarranted reprimands and maintaining your reputation is suggested. Lastly, looking for new employment opportunities or contacting an employment lawyer may be beneficial avenues of aid and can help to extract you out of a bad employment situation.