Retaliation from your employer for reporting an on-the-job injury or dangerous violation of laws is a serious situation that requires immediate action and extensive knowledge of employment, worker’s compensation and personal injury laws. If you reported dangerous or illegal activity or were injured at work and are facing backlash after reporting your experience to your employer, Locke Henry Law can help.
RETALIATION
COMMON SITUATIONS THAT CAN LEAD TO WORKPLACE RETALIATION:
Reporting illegal or unethical activity taking place at your workplace (i.e. whistleblowing)
Speaking out against any kind of discrimination taking place or refusing to take part in discriminatory practices
Taking leave under FMLA (Family Medical Leave Act)
Reporting unsafe working conditions
Filing a Worker’s Compensation Claims
Participating in workplace investigations , including investigations into harassment and discrimination
COMMON EXAMPLES OF RETALIATION:
Being demoted
Being fired
Negative performance reviews that seem unjustified
Being transferred to a less desirable position
Changes to your work hours, schedule, location that make the job more difficult or impossible
Reduction in pay or loss of benefits
Denied a promotion
Denied a raise
Bullying, harassment, or intimidation
Being excluded from projects, meetings, trainings, or other important work-related events
Being monitored or criticized excessively
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A protected activity is an action taken by an employee that is legally safeguarded and can’t be used as retaliation by their employer. Examples of protected activities include:
Filing a complaint with the EEOC about discrimination.
Reporting a safety hazard to OSHA.
Requesting an accommodation for a disability under the ADA.
Discussing wages with colleagues.
Participating in an investigation into harassment.
Speaking out against a supervisor's discriminatory comments.
Taking time off to serve on a jury
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The Equal Employment Opportunity Commission gives workers in Texas 180 days and gives workers in Wisconsin in 300 days to report their workplace retaliation claims from the date of the retaliatory act or event. Given how short the statute of limitations is for retaliation claims, its very important to contact an attorney sooner rather than later.
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If you’re experiencing any form of workplace retaliation, you should:
Document everything. Take screenshots and save emails.
Report what you’re experiencing (in writing!) to HR or a supervisor.
Talk to an attorney.