The loss of a job is almost always going to cause you stress. Not only do you lose your source of income, but you also lose the purpose and identity that your job provided. When you lose your job due to your employer retaliating against you, such a termination rises to the level of betrayal and, ultimately, illegality.
Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity (such as making a complaint about workplace discrimination). Typically, retaliation actions include termination, suspension, or cutting hours and pay. Retaliation is among the most common charges filed with the Equal Employment Opportunity Commission (EEOC). If you believe that your termination was retaliatory, you should contact an experienced Kansas employee attorney to discuss your legal rights.
What Constitutes Employer Retaliation?
Under federal and state anti-discrimination laws, employers may not take any retaliatory action against an employee for engaging in protected activities such as filing a charge of discrimination, participating in a discrimination investigation, or otherwise opposing discrimination in the workplace. Examples of protected activities include:
- Communicating with a supervisor or manager about employment discrimination or harassment
- Refusing sexual advances or intervening to protect others
- Refusing to follow instructions that would result in discrimination
- Filing or witnessing an EEOC charge, complaint, investigation, or lawsuit
If your employer has unlawfully retaliated against you, you should contact an attorney as soon as possible.
How Does Retaliation Manifest Itself?
Most forms of retaliation are very covert. A vast majority of employers are well aware of laws and policies against discrimination and harassment, and they are especially cognizant of the damages that are awarded in those cases. Still, retaliation can sometimes be fairly blatant. Common forms of retaliation include:
- Increased disciplinary action
- Suspension
- Demotion
- Termination
- Being given less desirable job duties or shifts
- Pay cuts
- Negative performance reviews
- Exclusion from staff meetings or activities
If your employer has retaliated against you, you deserve justice. A skilled attorney will be able to evaluate the facts of your case and help you pursue compensation from your employer.
How Do I Prove Retaliation?
If you wish to prove that your employer has retaliated against you, you must establish three main elements. All three of the following elements must be true to satisfy the law:
- You engaged in a protected activity
- The employer took an adverse action against you
- There is a causal link between retaliation and the protected activity
The causal link is perhaps the most important part of the equation, and it is also the most difficult to prove. Most employers will be keenly aware of any potential retaliation claim; therefore, you should gather as much evidence (i.e., emails, performance evaluations, and text messages) as possible. Keeping a timeline of events is also extremely beneficial, especially for a potential jury.
Contact an Experienced Retaliation Attorney at Hollis Law Firm Today
Our attorneys have a proven track record of success in fighting employment retaliation claims, and we will treat you with the respect and dignity you deserve. Furthermore, we will help you hold your employer accountable for such inexcusable treatment of employees.
Hollis Law Firm believes in standing up for those who are treated unfairly. Retaliation should not be tolerated under any circumstances. If you feel that you have been retaliated against for engaging in protected activity, do not hesitate to contact us. You can contact our firm by calling (800) 701-3672 or by filling out our online form.
