Retaliation

Alabama Retaliation Attorney

Serving Birmingham, Huntsville, Montgomery and all of Alabama

Employer retaliation occurs when an employer takes adverse actions against an employee in response to the employee engaging in legally protected activities. These protected activities can include actions such as reporting workplace discrimination, harassment, safety concerns, or participating in investigations related to workplace violations. Retaliation is illegal in many countries, including the United States under Title VII of the Civil Rights Act of 1964 and other labor laws. Here's what you need to know about employer retaliation:



Examples of Protected Activities:

  1. Reporting Discrimination: If an employee reports discrimination based on race, sex, religion, age, disability, or other protected characteristics, they are engaging in a protected activity.
  2. Reporting Harassment: Employees are protected when they report harassment, including sexual harassment, to their employer or HR department.
  3. Whistleblowing: If an employee reports illegal or unethical activities within the company, such as fraud, safety violations, or environmental hazards, they are generally protected from retaliation.
  4. Participating in Investigations: Employees who cooperate in workplace investigations into discrimination, harassment, or other misconduct are protected.



Common Forms of Employer Retaliation:

  1. Termination: An employer may wrongfully terminate an employee in retaliation for their protected activities.
  2. Demotion: An employee may be demoted to a lower position or stripped of responsibilities as a form of retaliation.
  3. Pay Cuts: Reducing an employee's salary or benefits can also be a retaliatory action.
  4. Negative Performance Reviews: Providing false or negative performance evaluations as a form of punishment.
  5. Hostile Work Environment: Creating a hostile or abusive work environment through harassment or isolation.
  6. Unfair Treatment: Assigning undesirable tasks, excessive scrutiny, or changing work conditions negatively.


Proving Employer Retaliation:

To prove employer retaliation, you generally need to establish the following elements:

  1. Engagement in a Protected Activity: You must demonstrate that you engaged in a legally protected activity, such as reporting discrimination or participating in an investigation.
  2. Adverse Employment Action: Show that your employer took an adverse action against you, such as termination, demotion, or harassment.
  3. Causation: Establish a causal link between your protected activity and the adverse action. This means demonstrating that the employer's retaliation was directly connected to your protected activity.
  4. Lack of Legitimate Justification: Show that the employer's reason for the adverse action was pretextual, meaning it was a cover for the real motive, which was retaliation.


What to Do if You Believe You're Facing Retaliation:

  1. Document Everything: Keep detailed records of all relevant interactions, including emails, conversations, and incidents related to the retaliation.
  2. Consult HR: Report the retaliation to your HR department or follow your company's internal grievance procedures.
  3. Consult an Attorney: If the issue persists or escalates, consider consulting an experienced employment attorney to understand your legal rights and options.
  4. File a Complaint: If necessary, file a complaint with the appropriate government agency in your country, such as the Equal Employment Opportunity Commission (EEOC) in the United States.


Remember that laws and regulations regarding retaliation vary by jurisdiction, so it's essential to consult with a legal expert who is familiar with the employment laws in your area. Retaliation is illegal in many cases and taking appropriate action is important to protect your rights and well-being.

If you have participated in a protected activity and thereafter were retaliated against by your employer, manager or supervisor, contact The Justice Law Firm, LLC today to speak to an Alabama Retaliation Attorney.

Share by: