In a workplace environment, employees have the right to complain about practices that they are not comfortable with without any repercussions from the employer. By law, this act is termed as protected activity. A protected activity can include opposing any activity in the work environment that an employee deems as unlawful, discriminatory, or as a form of harassment.
Unfortunately, in some instances, the employer or supervisor may decide to retaliate against the employee for filing a complaint against them. In such a case, the employer may decide to demote, fire, or even punish the employee for their actions. However, since an employee is within their rights to make a complaint, they should not be punished. If an employee gets punished for taking a protected action, they are advised to seek a retaliation lawyer's services.
Here are three reasons you should seek a retaliation attorney.
Proof Discrimination as Part of Workplace Retaliation
Unfortunately, proving that an employer has retaliated against an employee for making a complaint is not as easy as it seems. In most cases, an employer will not punish the employee directly because it becomes easier for an employee to prove they are being discriminated against.
For instance, the employer might demote the employee for reasons not related to the employee's work performance or conduct. Hence, it is up to the retaliation lawyer to find sufficient evidence to prove beyond reasonable doubt that the demotion is not warranted but rather a form of retaliation by the employer.
Present the Case In a Court Of Law
Once a retaliation lawyer has gathered sufficient evidence to prove that an employee has been fired, demoted, or passed up for a promotion due to a discrimination report they filed, the next step is to file a lawsuit against the employer in court.
A retaliation lawyer is responsible for presenting the evidence they gather in court and convince the court to intervene on behalf of the employee as per the law. Should the court rule in favor of the employee, they can order the employer to either rehire or promote the employee or provide financial compensation of an amount of money determined by the court. In some cases, an employee could get both financial compensation and a work reinstatement.
Defending an Employer Against a Retaliation Charge
Sometimes, an employer may demote or fire an employee for valid reasons. However, an employee might consider it as retaliation for a complaint they had filed against the employee. In such an instance, hiring a retaliation attorney is beneficial for the employer.
It is up to the lawyer to prove that there was no discrimination on the employer's part and that any action taken against an employee was just and not a form of retaliation. Contact a retaliation attorney for more information.Share