Employees are protected by federal and state civil rights that help ensure work environments are free of harassment and discrimination. They also have the right to speak up if those rights are violated without fearing unlawful termination or retaliation.
If you’re struggling with the threat of termination or demotion or facing an otherwise hostile work environment due to a discrimination complaint you’ve made, there’s help available. Turn to Oliver Law Office to get assistance from a worker rights attorney.
Employment retaliation occurs when a company leader or employer takes negative actions against an employee who has filed a formal complaint about workplace harassment or discrimination. According to the Equal Employment Opportunity Commission (EEOC), filing a complaint is a protected activity.
The EEOC makes it illegal for employers to retaliate against employees who:
Any employee filing a claim has protection from retaliation, no matter the circumstances. The other acts can be protected as long as the employee was acting on a reasonable belief that harassment or discrimination was occurring.
But what does retaliation look like in the workplace? Some of it can be overt, including actions like:
If you filed a claim of discrimination or harassment against your employer or accompanied another employee as they made a claim, you are federally protected. To prove that you’ve experienced employment retaliation using the participation clause of Title VII, you have to demonstrate that:
Proving that your participation in a protected activity led to the adverse job action is the most challenging part because employers will rarely admit why they did the actions. Even if they admit it, it’s usually in circumstances where it may be your word against your employer’s.
These complexities make it essential to turn to a Columbus, Ohio, employment lawyer for help. At Oliver Law Office, we have experience proving employment retaliation.
Employment retaliation claims are tough, so you must contact a lawyer for assistance. They can offer a variety of services.
One of the ways that a lawyer at Oliver Law Office can help is by looking carefully at performance reviews. If you consistently received positive reviews until the formal complaint you made, that could be used to prove retaliation.
It can be harder to prove retaliation if you had a few negative performance reviews before the complaint. However, if you hire an experienced lawyer, it’s still possible.
A lawyer must also establish that the person who took the adverse job action against you knew that you filed the complaint or helped the employee who did. For example, it could be coincidental if you filed a complaint with HR and your supervisor fired you the same day, but there’s no proof that they heard of your action.
To prove that you were the victim of retaliation, a labor law attorney will also help demonstrate that there was no reason for your employer’s adverse job action.
For instance, if you file a complaint and stay home for the next two days because you’re afraid of retaliation, your employer could fire you, which wouldn’t count as retaliation.
Why? Because you gave them a legitimate reason for terminating your employment. With a workplace retaliation lawyer helping you, finding other ways to prove your claim is possible.
Your lawyer will prepare a letter of demand to send to your employer outlining your concerns and inviting a formal discussion about the next steps. If your employment was terminated, the letter can address severance pay or even having you reinstated.
If you still work there, you can ask that the retaliation you’ve experienced stop. For instance, if you were demoted or given unreasonable work hours, your employer would have to fix these issues.
If your employer doesn’t respond to the letter of demand or insists they didn’t retaliate, you can file a claim with the EEOC or the Ohio Civil Rights Commission (OCRC). Filing a claim with either of these agencies is an important step. However, it can be complicated.
You must ensure that you present the evidence that helps prove your claim and that everything is filed correctly. An employee protection lawyer is ready to handle the paperwork and guide you through the filing process.
Whether you receive damages and how much you receive will depend on your case’s exact details. It’s crucial to remember that you should never attempt to go to court without legal representation.
If you’ve made a claim of employee harassment or discrimination and have noticed that your work environment has become hostile, your employer could retaliate. Under state and federal laws, you have rights that protect you.
