What Is Workplace Retaliation? 

Although most employers take allegations of harassment, discrimination, fraud and other workplace violations seriously, this isn’t always the case. Unfortunately, it’s not uncommon for employers to retaliate against a complainant in an effort to squash the allegation and frighten others from stepping forward.  

This is not only unethical, but also illegal under federal and North Carolina employment statutes. If you’ve found yourself in this situation, your best course of action is team up with an experienced employment attorney stat. 

This “retaliation” can take many forms, including: 

• Demotion or termination 
• Assignment of unfavorable job responsibilities 
• Exclusion from opportunities 
• Unjustified negative performance reviews 
• Reduction in hours or pay 
• Increased scrutiny 
• A hostile work environment 

If you suspect you have been the victim of retaliation, take heart—the law is on your side. A powerful network of federal and North Carolina statutes protects you, including Title VII of the Civil Rights Act of 1964 (Title VII), the Fair Labor Standards Act (FLSA) and North Carolina’s Retaliatory Employment Discrimination Act (REDA). 

Knowing you have rights is of little use if you don’t have the power and leverage to hold your employer accountable. This is where the services of an experienced workplace retaliation lawyer in Chapel Hill can make a world of difference. 

How Will a Lawyer Build a Successful Retaliation Claim?  

Whether your employer is retaliating against you for reporting sexual harassment, blowing the whistle on fraud, or taking any other protected action, a skilled Chapel Hill workplace retaliation lawyer can give you the best possible chance of prevailing in the legal system.  

Every case is unique, but some of the key steps in building a successful retaliation claim include: 

Gathering Evidence 

Evidence in a retaliation case may include emails, employment records and witness testimony that proves: 

• You engaged in protected activity: In the context of a workplace retaliation claim, protected activities include reporting discrimination, harassment, or unsafe working conditions. Protected activities also include filing a complaint, participating in an investigation, or refusing to participate in unlawful practices. 
• Your employer retaliated against you: A successful claim will also rely upon evidence that your employer took retaliatory action against you, such as those outlined in the section above. 

Evidence can fade over time, which is one reason you should consult with an experienced workplace retaliation attorney in Chapel Hill as soon as possible. 

Drawing Crucial Links 

Once we establish that you engaged in a protected activity and your employer took adverse action against you, the next step is proving that the two are connected. It’s important to remember that not all negative workplace experiences qualify as retaliation—employers can make decisions for legitimate reasons or sometimes for no clear reason at all. 

However, if the adverse action occurred shortly after your protected activity, or if there is evidence suggesting your employer had retaliatory intent, the connection becomes more apparent. Demonstrating this link is essential for a strong retaliation claim, as it helps prove that your employer’s actions were not just coincidental, but a direct response to your protected activity. 

Navigating Legal Procedures 

Workplace retaliation claims involve strict deadlines, extensive documentation, and multiple legal channels, making the process overwhelming for employees unfamiliar with employment law. An experienced workplace retaliation attorney ensures that all required complaints and claims are properly filed with agencies such as the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), or the appropriate state department of labor. 

Your attorney will help determine which agency has jurisdiction over your case, advise you on the best legal course of action, and ensure that all necessary forms and evidence are submitted within the required timeframes. Missing a filing deadline or failing to include critical details could weaken your case or result in dismissal. Additionally, legal professionals can guide you through administrative hearings, mediation, and potential litigation, providing expert representation at every stage. 

By having an attorney handle these legal complexities, you increase your chances of securing a favorable outcome while reducing the stress of navigating the system alone.

How You Can Help Us Succeed  

While a dedicated Chapel Hill workplace retaliation lawyer can handle the difficult aspects of your legal claim, there are things you can do on your end to increase the likelihood of a successful result. 

• Document everything: Keep detailed records of your protected activity, such as filing a complaint or reporting misconduct, and any adverse actions taken against you afterward. Such information may include emails, performance reviews, and any other relevant documents. 
• Identify potential witnesses: Did a coworker, manager or other person witness your protected action or the retaliatory response? Do they know of anyone else who suffered retaliation after engaging in similar protected activity? Their testimony can provide crucial support for your claim. 
• Maintain professional conduct: Continue performing your job to the best of your ability, provided that your mental or physical health is not at risk. Keeping up with your professional responsibilities increases your credibility and deprives your employer of legitimate reasons for giving you adverse treatment. 
• Mind the statute of limitations: The timeline for notifying certain government agencies that retaliation occurred can be as little as 180 days. After you preserve your claim by notifying the appropriate government agency, you generally have three years to file a workplace retaliation claim in North Carolina. The sooner you act, the sooner your employment lawyer can begin building a strong case on your behalf. 

When you are ready, one of the most important things you can do to ensure a successful claim is to consult with an experienced Chapel Hill workplace retaliation lawyer. An attorney who has handled this type of case before and possesses a deep understanding of the case law and relevant statutes can help you understand the strength of your claim and make the right decisions going forward. 

A Trusted Ally for Employees in Chapel Hill, NC 

Filing a retaliation claim can be a difficult, even frightening experience. Remember, you don’t have to face this process alone. A skilled and compassionate Chapel Hill workplace retaliation lawyer at our firm can provide you with the guidance and advocacy you need. The sooner you take action; the sooner you can get the justice you deserve and put this behind you. Contact us today for a confidential legal consultation.