Retaliatory discharge is typically any sort of circumstance in which a worker or an employee is terminated for retaliation or punishment for performing or participating in a legally protected activity. Such legal action may include a discrimination claim, refusing to perform discriminatory behavior even if the employer asks, or whistleblowing about any illegal activity executed at the organization. Such form of discharge of an employee is wrongful termination. Employees facing such job termination should consult a reputable retaliatory discharge lawyer to help them defend their rights.
In fact, you can make legal proceedings for wrongful termination when your employer expels you out of retaliation rather than any skill or competency factor. Several legally protected steps and activities cannot affect your employment status, such as filing a complaint about discrimination or harassment or filing any sort of complaint with the US Equal Employment Opportunity Commission.
There may be a wrongful termination case when your employer has retaliated in any way, such as denying you a promotion based on your complaints or providing you a negative or poor performance review.
Organizations engaging in retaliatory discharge may have to bear significant charges in damages to the workers as compensation not only for the lost wages but also for other issues, like mental anguish. For a workplace retaliation to be considered, you have to prove that:
you were engaged in a kind of protected activity.
your employer or company took against you; and
there is a distinct connection between your activity and the action of your employer
Make sure you clearly comprehend the details of each of the three elements to defend your matter. Some more elements are essential to prove a causal link between your protected activity and the employer’s negative action or retaliation, including:
The timing of each action: When the negative action by your employer is taken almost right away after your protected activity.
Employer’s knowledge: The employer has to know that their negative action does constitute a retaliation.
Retaliatory discharge occurs when an employer unlawfully terminates an employee in direct response to that employee’s participation in a protected activity. Examples of these activities include: Reporting instances of harassment or discrimination occurring in the workplace
The essential factor that distinguishes retaliatory discharge from other types of termination is that the dismissal is not due to the employee’s job performance but rather a reaction to their exercise of legal rights.
Numerous federal laws exist to protect employees from retaliation, including but not limited to:
Title VII of the Civil Rights Act – Protecting against discrimination based on race, sex, religion, or national origin.
Americans with Disabilities Act (ADA) – Safeguarding individuals with disabilities.
Age Discrimination in Employment Act (ADEA) – Offering protection to employees age 40 and older.
Occupational Safety and Health Act (OSHA) – Promoting safe and healthful working conditions.
Fair Labor Standards Act (FLSA) – Ensuring fair labor practices and wage rights.
Family and Medical Leave Act (FMLA) – Allowing employees to take leave for family and medical reasons without fear of losing their job.
Sarbanes-Oxley Act – Providing protections for whistleblowers in publicly traded companies.
False Claims Act – Enabling individuals to report government fraud.
In addition to federal protections, many state laws extend further safeguards, especially for employees who report wage violations or unsafe working conditions.
To prevail in a claim of retaliatory discharge, the employee must generally establish three critical components:
Engagement in a protected activity**: Documenting that they participated in a legally protected action.
Adverse employment action**: Demonstrating that they experienced a negative consequence, such as termination or demotion.
Causal connection**: Establishing a clear link between the protected activity and the adverse action taken by the employer.
Evidence such as documentation, witness testimony, and the timing of events plays a vital role in illustrating this connection.
Absolutely. Retaliation can manifest in various ways beyond just termination, including:
Any adverse action that could dissuade a reasonable individual from engaging in protected activity may qualify as retaliation.
The timeline for filing a claim can vary significantly based on jurisdiction:
For federal claims lodged with the EEOC, the typical deadline is 180 days from the date of the retaliatory act. This period can be extended to 300 days in certain states. State law claims may come with different statutes of limitations, generally ranging from one to three years. Acting promptly is essential; failing to file within the designated timeframe can result in the dismissal of your claim.
While it is not possible to file a formal claim of retaliation anonymously, initial complaints—such as internal reports or whistleblower tips—might be submitted confidentially. However, once legal proceedings commence, it’s likely that your identity will be revealed.
Employers that are found to have retaliated against an employee may face a range of consequences, including:
In more severe cases, punitive damages may also be awarded to deter the employer from similar misconduct in the future.
What steps should I take if I suspect retaliation?
If you believe you are experiencing retaliation, consider taking the following proactive measures:
Document everything – Keep thorough records of emails, performance reviews, and witness statements related to your situation. Report your concerns internally via Human Resources or compliance channels within your organization. Consult with an employment attorney to explore your legal options and receive guidance tailored to your situation. File a complaint with the EEOC or the relevant state agency if the situation does not improve. By taking these steps, you can help protect your rights and strengthen your case in the event of retaliation
Retaliatory discharge is a serious issue that arises when an employer decides to terminate an employee specifically because that employee has engaged in a legally protected activity. Such activities might include reporting incidents of discrimination, filing a workers’ compensation claim when injured on the job, or acting as a whistleblower by disclosing fraud or illegal practices within the organization. This type of discharge is a significant violation of employment law, with robust protections provided at both federal and state levels.
If you think your present employer wrongfully terminated you, then you may have a legal recourse. Thus, talk to a retaliatory discharge lawyer as soon as you can in order to document your case. An employment lawyer can help you better comprehend wrongful termination laws as well as prepare you for an effective testimony in your wrongful termination case.
For more information or to schedule a free consultation, contact Law Office of Michael T. Smith today at (847) 450-1103 to speak with our experienced Chicago retialatory discharge attorneys.
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