we help employees fight
employer retaliation
The same laws which make it illegal for an employer to discriminate against an employee based upon the employee’s race, color, sex, national origin, religion, age and disability also protect employees from retaliation by an employer against an employee who tries to exercise those rights or who assists others in exercising their rights. Employees are also protected from retaliation because they asserted rights under numerous federal and state laws, including: The Family and Medical Leave Act (FMLA — which gives most employees up to 12 weeks unpaid time off for certain medical and family situations); The Fair Labor Standards Act (FLSA — dealing with overtime pay and minimum wage); The Texas Workers’ Compensation Act (retaliation for filing a workers’ compensation claim); and The National Labor Relations Act (NLRA — relating to the rights of employees to form unions and act as a group to improve their working conditions or pay).
Expanded definition
In the past, some courts have only recognized retaliation claims when the retaliatory act was related to things such as hiring, firing, granting leave, promoting, and paying compensation. Under a recent U.S. Supreme Court decision though, an employer's actions can amount to retaliation even if they do not affect the terms and conditions of employment. The retaliation can even be harm to the employee caused by the employer outside of the workplace. A plaintiff only has to show that the action taken by the employer would have dissuaded or discouraged a reasonable employee from making or supporting a claim for discrimination. In other words, the retaliation has to cause some harm to the employee, but the harm does not have to be related to the employee’s pay or working conditions. Minor or insignificant actions that would not adversely affect a reasonable employee will not be considered illegal retaliation.
Process
Like discrimination claims, before a person can pursue most kinds of retaliation lawsuits, he or she must first file a charge of retaliation with the Equal Employment Opportunity Commission, the Texas Workforce Commission – Civil Rights Division or a local fair employment practices agency. A complaint must generally be filed within 180 days of the occurrence of the retaliatory action to which the charge refers. Failure to take this important step may prevent a person from asserting any claims for retaliation against an employer. The attorneys at Tanner and Associates can provide you with the guidance and representation you need to file and pursue your charge and then prosecute your lawsuit for illegal retaliation.
If you believe that you have been subjected to illegal retaliation at work please contact Tanner and Associates to possibly schedule a consultation to explore your legal rights and options. You can also click here to get a Questionnaire to complete and return to us for one of our attorneys to review. |
