Bravery should be rewarded, not punished. It takes great courage for an employee to speak up about an injustice occurring in his or her workplace. Employees should be able to voice their concerns and affect change in their work environments without fear of retaliation. Too often, however, employers do not abide by the law and let their bitter feelings about the reports of unlawful conduct cloud their best judgment. When this happens, an employer may be held liable for retaliation. Retaliation occurs when an employee suffers some consequence at his or her job because he or she reported discrimination, harassment, or some other unlawful activity.
HOW DO I PROVE RETALIATION?
To prove retaliation, first, you must show that you complained about discrimination or some other unlawful activity, usually to a manager other than the one about whom you are complaining or to the company's human resources. Next, you must show that your employer acted adversely against you. For example, you were terminated, demoted, or your performance evaluation was unduly negative. Finally, you must show that your complaint was the cause of the adverse employment action taken against you. Typically, this is proven by showing that the adverse action took place within a short period after you complained.
WHAT SHOULD I DO?
You should keep a diary of events as they occur and get the names of witnesses that can verify what transpired. If you are unsure of what to do, the attorneys at SLF are here to listen and help you evaluate your options. Contact our office for an initial consultation.