Protecting Your Rights: How an Employment Lawyer Can Help with Retaliation Claims

Protecting Your Rights: How an Employment Lawyer Can Help with Retaliation Claims

Retaliation in the workplace occurs when an employer punishes an employee for engaging in a legally protected activity. Whether it's reporting illegal conduct, filing a workers' compensation claim, taking family leave, or participating in an investigation, retaliation can have serious consequences for an employee's career and well-being. If you are facing retaliation at work, it's crucial to understand your rights and seek legal counsel. At Castronovo & McKinney, LLC, we are committed to helping employees protect their rights and fight against retaliation in the workplace.

In this article, we will explain what workplace retaliation is, provide examples of retaliatory actions, and discuss how an employment lawyer can help you pursue justice if you believe you have been retaliated against by your employer.

What is Workplace Retaliation?

Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in a protected activity. These protected activities include:

• Reporting Illegal Activities: If you report workplace violations such as fraud, safety violations, harassment, or discrimination, your employer cannot retaliate against you for making the report.

• Filing a Workers' Compensation Claim: Employees who file a workers' compensation claim for an on-the-job injury are protected from retaliation by their employer.

• Taking Family or Medical Leave: Employees who take leave under the Family and Medical Leave Act (FMLA) or state laws are protected from retaliation for taking time off for personal or family health issues.

• Participating in an Investigation or Lawsuit: If you participate in an internal investigation or file a lawsuit against your employer for illegal activities, your employer cannot retaliate against you.

Retaliation is illegal under federal and state laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and other statutes designed to protect workers. If you believe your employer has retaliated against you, it is essential to take immediate action and seek legal guidance from an experienced employment lawyer.

Examples of Retaliatory Actions

Retaliatory actions can take many forms, ranging from subtle actions to overt punishments. Some common examples of retaliation in the workplace include:

• Termination: Firing an employee who has reported illegal activity, filed a claim, or participated in a protected activity.

• Demotion: Reducing an employee's job title, responsibilities, or salary in retaliation for engaging in a protected activity.

• Salary Reduction: Cutting an employee's pay or benefits as a form of punishment for asserting their legal rights.

• Negative Performance Reviews: Giving an employee an unfair or unjust performance evaluation in retaliation for reporting misconduct or filing a claim.

• Isolation or Exclusion: Ostracizing an employee from meetings, important projects, or promotions after they participate in a protected activity.

How an Employment Lawyer Can Help with Retaliation Claims

If you believe you have been retaliated against, an experienced employment lawyer can provide essential support and legal representation. Here’s how a lawyer can help:

• Evaluating Your Claim: A skilled employment lawyer will review the facts of your case to determine whether retaliation has occurred. They will assess whether the actions taken by your employer were directly related to your protected activity.

• Gathering Evidence: Building a retaliation claim requires strong evidence. Your lawyer can help gather documentation, such as emails, performance reviews, witness testimony, or other records, to support your case. They will work with you to ensure that any adverse actions taken against you are properly documented.

• Filing a Complaint: If retaliation has occurred, your lawyer can help you file a formal complaint with the Equal Employment Opportunity Commission (EEOC), the Department of Labor, or your state’s labor board. They will ensure that all filing deadlines are met and that the proper procedure is followed.

• Negotiating a Settlement: Many retaliation cases are resolved through negotiation or settlement. Your lawyer will advocate for you in settlement talks, ensuring that you are fairly compensated for lost wages, emotional distress, and other damages caused by the retaliation.

• Litigation: If a settlement cannot be reached, your lawyer will represent you in court. They will file a lawsuit on your behalf and take legal action to pursue compensation for the retaliation you faced. Employment lawyers are skilled litigators and can effectively present your case to a judge or jury.

Why Choose Castronovo & McKinney for Your Retaliation Claim?

At Castronovo & McKinney, LLC, we are dedicated to protecting the rights of employees who have been victims of retaliation in the workplace. Our team of experienced employment lawyers has a proven track record of success in handling retaliation cases and securing favorable outcomes for our clients.

We understand how retaliation can negatively impact your career and livelihood. Our legal team will provide compassionate yet aggressive representation to ensure that your rights are upheld and that you receive the compensation you deserve. We take pride in advocating for employees who have faced retaliation and are committed to holding employers accountable for their unlawful actions.

If you are facing retaliation in the workplace, don’t wait to take action. Contact Castronovo & McKinney today to schedule a consultation with one of our experienced employment lawyers. We will review your case, explain your legal options, and guide you every step of the way in pursuing justice.

To learn more about how we can assist with your retaliation claim, contact Castronovo & McKinney, Employment Law Attorneys today to schedule a consultation. Our team is here to help you fight for your rights.

Contact Us

Visit our offices in Morristown, NJ or New York, NY, or call us to schedule a consultation with one of our experienced employment lawyers. We are here to help you address retaliation in the workplace and ensure that your rights are protected.

New Jersey Office
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924

New York Office
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781