Our Northwest Arkansas Employment lawyer represents individuals who are victims of workplace retaliation. Retaliation is one of the most common employment claims Gregory Allen Placzek handles. Retaliation is engrained in human behavior. It is only natural to get even with someone when they make a complaint. Unfortunate for employers, many types of workplace retaliation are illegal.
Elements of a workplace retaliation claim
A claim for workplace retaliation normally has three parts: (1) the employee opposed discrimination or engaged in protected activity, (2) the employee suffered adverse action such has termination, demotion, threats, non-promotion, or reassignment, and (3) the employer took the adverse action because the employee opposed discrimination or the activity was otherwise protected. If you believe that you have been retaliated against or will be retaliated against in the future, contact a Northwest Arkansas Employment attorney to discuss your options. Like other employment law claims, retaliation claims require legal action to be brought in a certain time period. Complaining internally with your employer most likely will not stop these legal deadlines.
Generally workplace retaliation laws cover employees who
- Complain about or opposes unlawful discrimination in the workplace;
- Participates in legal or agency proceedings (such as EEOC) regarding discrimination claims;
- Take or request FMLA leave;
- Request a reasonable accommodation for a disability; or
- Engage in whistle-blowing activity
These are just the most common type of workplace retaliation claims. If you believe a complaint has resulted in workplace retaliation, contact a Northwest Arkansas employment lawyer. Many laws and regulations are industry specific. A Northwest Arkansas employment lawyer can help determine if you have a legal remedy available.
It is surprising to some that the underlying complaint in a workplace retaliation case, doesn’t always have to be correct. Many times, an employee will lose or be wrong about the complaint, but still prevail on the retaliation claim. The reason is because most laws only require the opposition to discrimination or protected activity to be done in “good faith.” Additionally, the underlying complaint can also be about how others in the workplace are being treated. If you complain about the treatment of a coworker, contractor, or customer, you might still be protected from retaliation. Contact a Northwest Arkansas Employment lawyer to discuss if your complaint legally protects you. Even if you have not suffered an adverse action based on your complaint, a Northwest Arkansas Employment lawyer can make sure your workplace complaint is handled properly to insure you have protection in the future.
A Northwest Arkansas employment lawyer can assist in proving that you were retaliated against. Even without direct evidence (such as an email or dialogue) that the adverse action was because of the complaint, it is still possible to prevail in court. Courts often look to circumstantial evidence to determine claims. For example, courts could look at the timing between your complain and the adverse action, your past work record, who was the clearly better qualified candidate, etc. A Northwest Arkansas employment lawyer can discuss what courts use as proof in workplace retaliation claims.