Retaliation is one of the main causes of litigation against employers in the United States. In other words, many fired or penalized employers have filed lawsuits, claiming that these acts were made as retaliation or punishment for engaging in what is known as protected activity. What then constitutes a protected activity?
Keep reading to find out. Then contact PLBH at (800) 435-7542 for a free legal consultation if you have been retaliated against by your employer.
Examples of protected activity
There are numerous actions that might be covered by legal protection. Since exercising those legal rights would be seen as protected activity, each law that establishes employee protection also establishes protected activity.
For instance, wage and hour regulations give workers the right to be adequately compensated for the number of hours they put in. It may be protected activity if an employee wants to enforce their rights, for example, by consulting with a wage and hour investigator or submitting a complaint.
Similar to state laws, federal statutes that forbid discrimination give workers specific rights. It can be regarded as protected action if an employee makes an effort to exercise rights under those anti-discrimination laws, for as by submitting a complaint or even by testifying in court. Speaking out for employee rights and against legal transgressions may also fall within the category of protected activities.
You must prove numerous factors to win a retaliation case
Obviously, engaging in protected activity alone is insufficient to support a claim of retaliation; the employer must have taken action to punish the employee for doing so. This is referred to as an adverse employment action, and examples include being dismissed, demoted, or formally disciplined.
Adverse employment actions might occasionally include things like having your work hours or location changed or not allowing an employee to work overtime. The important thing is that an adverse employment action took place and that it was done so because an employee engaged in a protected activity.
Due to the lack of direct proof from employers that the adverse action was a result of the protected behavior, it may be challenging to demonstrate this (such as saying that you are being demoted because you were a witness for your coworker in his discrimination case).
However, circumstantial evidence, such as demonstrating that the unfavorable action took place immediately after a protected behavior, can frequently be used to support the claim. If you believe you have been subjected to a hostile workplace action because of your participation in a protected activity, get your case reviewed by an employment law expert.
A qualified attorney would be in the greatest position to advise you if you have a basis for a lawsuit because the laws and regulations might differ from state to state. Contact PLBH at (800) 435-7542 or info@plblaw.com if you feel that you have been the victim of retaliation for engaging in a protected activity.
Our firm has been assisting clients in obtaining justice for more than 50 years, including those who have been negatively impacted by unfair employer actions that punish workers for speaking up or defending their rights.
We provide free first consultations, and we can often work on a contingency fee basis, which means you won’t pay a charge unless we successfully recover money for you. If you have experienced retaliation at work because you participated in a protected activity, get in touch with us right away to find out more about how we can assist you.