Workplace retaliation is when your employer treats you unfavorably for exercising your rights. There are several key concepts employees need to understand before filing a workplace retaliation lawsuit.
You will need to know…
- What is required in order to prove workplace retaliation
- How much time you have in which to file a lawsuit
- And the role that evidence plays in a workplace retaliation lawsuit
Legal Requirements for Filing a Workplace Retaliation Lawsuit
If you were punished by your employer for engaging in a protected action or activity, then you may have grounds to file a workplace retaliation lawsuit. In order to prove that you suffered workplace retaliation, you will first need to show that you took a protected action, with common examples such as:
- Refusing or reporting sexual advances at work
- Reporting health and safety violations
- Acting as a whistleblower
- Complaining about wage theft
- Requesting reasonable accommodations for a religious practice or disability
- Refusing to follow discriminatory or illegal directives
- Reporting harassment or discrimination
- Requesting salary information in order to prevent compensation discrimination
- Participating in any investigation or lawsuit against your employer, which includes acting as a witness
In addition to engaging in a protected activity such as those listed above, you must have received a negative outcome from your employer as a result. Here are some common examples of what a negative outcome might look like:
- You were fired
- Your hours or salary were reduced
- You were demoted
- Top clients were taken from you
- You were given a worse schedule
Statutes of Limitations for Workplace Retaliation Lawsuits
If you have suffered from workplace retaliation, the emotional and financial trauma you are experiencing may be overwhelming. It is crucial to remember, though, that your time is limited as far as seeking legal recourse for your damages.
If you believe you were the victim of workplace retaliation, you must file a charge with the Equal Employment Opportunity Commission (EEOC) field office. The EEOC will then grant you a “notice of right to sue” following the investigation of your case.
Once you receive this notice, you will need to file a lawsuit within 90 days. Consulting with an experienced workplace retaliation lawyer can make all the difference here, as he or she may be able to ensure that you meet all legal filing deadlines or determine if an exception to the statute of limitations applies to your case.
The Role of Evidence in Workplace Retaliation Lawsuits
As you might expect, your employer is highly unlikely to just openly admit to workplace retaliation no matter how egregious their behavior actually was.
While victims of workplace retaliation may be eligible to receive significant amounts of financial compensation for their damages, the amount you receive may largely hinge on the quality of the evidence you are able to present.
Documented proof can make all the difference for you. Here are some common examples of the types of evidence that may help you:
- An exemplary written performance review that you received at least one day before complaining about sexual harassment.
- A written complaint that you filed with HR
- Written statements of any adverse outcomes taken against you
- Testimony from coworkers about the quality of your performance on the job, the mistreatment about which you complained, or the adverse outcome you suffered
- Testimony from a mental health professional about the emotional pain and distress that this adverse outcome has caused
Call The Noble Law Today
If you believe you have been a victim of workplace retaliation, call The Noble Law today to book a confidential case evaluation with our trusted counsel for workplace disputes.
We understand the intense trauma that workplace retaliation victims are facing. We believe you, and we stand ready to zealously advocate on your behalf.