Can I Face Retaliation if I Go to HR?
Are you being targeted by your employer in a discriminatory or unlawful matter, or are you currently in a work environment that may rise to the level of being a hostile work environment? You may be considering going to human resources (HR) to make a report in hopes of improving your work situation, but you may also be concerned about the potential consequences if you go to HR. In particular, you may be concerned that you can face retaliation, either from your supervisor directly or from others in positions of authority in the company more broadly.
It is essential to know that retaliation is unlawful. Yet just because something is unlawful does not mean that it does not occur. There are laws in place to protect you from retaliation, and our employment law attorneys in South Florida can help you to assert your rights. In the meantime, we can provide you with more information about HR reports and unlawful retaliation.
HR Works for the Business
It is important to keep in mind, anytime you consider going to HR, that employees in HR work for the same company you work for and have been employed to protect the company from liability and in other ways. In other words, you should not assume that HR is there to advocate for you.
This does not mean that you should not ultimately make a report to HR. Rather, what it means is that it is important to have an employment lawyer on your side who can help you to understand the specific legal issue you are facing, and what steps you must take in order to file a complaint or a claim, or to make a report, depending on the particular matter and applicable law.
Retaliation is Unlawful
If you make a report to HR or participate in any kind of investigation, it is unlawful under various state and federal laws for your employer to engage in retaliation. Retaliation is generally defined generally, according to the US Department of Labor (DOL), as a situation in which an employer “takes any . . . type of adverse action against an employee for engaging in protected activity.” Protected activity refers to any action protected by state or federal law.
For anyone who believes they have faced retaliation, or if you have concerns about retaliation, you should seek help from an employment law attorney in Florida who can assist you. If you are retaliated against, you can likely take legal action.
Contact a Palm Beach Gardens Employment Law Attorney for Assistance with Your Case
Various state and federal laws prohibit retaliation, yet as many employees know in practice, the existence of laws does not always mean that a boss or supervisor will follow the letter of the law. It can be difficult to fear the possibility of retaliation when you are considering whether to report an employer’s or co-worker’s actions to human resources, or when you are trying to decide whether to participate in a discrimination investigation in the workplace. It is important to keep in mind that retaliation is unlawful, and you can take action if and when it occurs, and an experienced Palm Beach Gardens employment law attorney at Sconzo Law Office can assist you every step of the way. To find out more about retaliation and your rights as an employee in South Florida, contact our firm today.
Source:
dol.gov/agencies/whd/retaliation