What Can I Do About Retaliation at Work?
Are you experiencing behavior or actions from your employer that you believe rise to the level of unlawful retaliation? According to the US Equal Employment Opportunity Commission (EEOC), retaliation is one of the most common reasons for discrimination claims, and the most frequent reason for discriminating findings in federal cases. Retaliation can include any adverse action taken against an employee — including treating an employee less favorably than others — because the employee exercised their rights under state or federal law. Retaliation can take many different forms, so it is important for employees in South Florida to be able to recognize it so that they can take action.
What can you do about retaliation at work? If you are the one facing retaliation, you may be able to file a claim under state or federal law. Our Palm Beach Gardens employment discrimination lawyer can tell you more.
Determine if You Are Experiencing Unlawful Retaliation
Before you take steps against the retaliation you are experiencing, it will be important to determine whether the actions or behavior from your employer constitutes unlawful discrimination. While an employment discrimination lawyer in South Florida can help you with this, the following are some considerations to think about in the meantime:
- Is your employer’s adverse or unfavorable treatment of you occurring after you filed a complaint under state or federal law, after refusing your employer’s sexual advances, or after you participated in an investigation or other protected activity?
- Is your employer’s adverse or unfavorable treatment of you otherwise unwarranted (such as by performance reviews, or for reasons unrelated to retaliation)?
It is important to know that retaliation can take many different forms. Sometimes it can seem more subtle and can take the form of increased scrutiny that other employees in your workplace are not experiencing. In other cases, it may be more overt, such as terminating you from your job. On either end of that spectrum, retaliation can be actionable if your employer is treating you adversely because of your involvement or participation in a protected activity (such as filing a sexual harassment claim, or agreeing to be interviewed for an investigation about racial discrimination against another employee, for example).
Speak with a Lawyer About Your Options
If you have faced unlawful retaliation, you may be able to file a claim under a relevant state or federal law. The law under which you will file your complaint will depend on the specific facts of the case, including the reason for the retaliation.
For example, if your employer retaliated against you because you filed a sexual harassment case, you may be able to file a claim under Title VII of the Civil Rights Act of 1964 or the Florida Civil Rights Act (FCRA). Or, retaliation over your cooperation in a wage and hour law investigation could arise under the Fair Labor Standards Act (FLSA), for example.
Contact Our Palm Beach Gardens Employment Discrimination Attorneys
Retaliation is unlawful, and if you have experienced it as a result of any lawful actions you have taken in your workplace, you may be able to file a claim under state or federal law. Depending on the nature of the retaliation, you may be entitled to seek remedies like job reinstatement or back pay (if you were wrongfully terminated, for example), or wages you are owed (if you were wrongfully demoted, for instance). One of the experienced Palm Beach Gardens employment discrimination lawyers at Sconzo Law Office can discuss the details of your case with you today, and we can help you to move forward with a claim. Contact our firm to learn more about the services we provide to employees in South Florida.
Source:
eeoc.gov/retaliation
