Federal law prohibits employers from retaliating against an employee who reports discrimination or harassment in the workplace. An employer cannot fire, demote, mistreat, or otherwise abuse a worker who engages in a “protected activity” such as filing a claim based on unlawful conduct or reporting regulatory violations.
At Shelton Law Practice, LLC, we represent employees who have been retaliated against by their employers for engaging in protected activity. Employees must be free to come forward with allegations of misconduct in order to ensure that it is stopped and to prevent further abuses. If an employer retaliates against you for coming forward, you may have a valid legal claim for damages.
Contact our office at (404) 865-3771 to schedule a free, no-obligation case consultation with an experienced member of our legal team.
What Is Workplace Retaliation?
Retaliation occurs when an employer knowingly and unlawfully punishes an employee for exercising his or her protected rights as defined under the law. Your written or verbal speech or conduct at work may amount to protected activity as defined under the law and you may have been punished by your employer because of it.
Examples of workplace retaliation:
- Unlawful termination of employment;
- Reduction in pay;
- Withholding wages;
- Unwarranted demotion;
- Unfavorable performance evaluation;
- Physical or emotional abuse;
- Failing to promote;
- Reassigning work; or
- Creating a hostile work environment.
While you should never fear discipline or adverse consequences for reporting misconduct, not every complaint or grievance that an employee files equates to protected activity. Similarly, not every contact with a manager or the Human Resources Department rises to the level of protected activity.
Georgia remains an at-will state, meaning an employee can be fired at any time for any reason unless it is in retaliation for a protected activity or is discriminatory. An employer will argue, however, that the firing was unrelated to the reporting and therefore not illegal.
Thus, it is important to discuss your case directly with a workplace retaliation lawyer to determine if you have a valid legal claim.
What Is Protected Activity?
As described above, not all activities are considered protected. It is essential that you understand your rights and responsibilities as an employee. Retaining an attorney as early in the process as possible can help ensure you receive the best possible outcome on your case.
Protected activity may include:
- Filing a claim with the Equal Employment Opportunity Commission (EEOC);
- Reporting discrimination;
- Notifying a supervisor about workplace harassment;
- Being involved in an investigation related to discrimination or harassment;
- Refusing to engage in illegal practices;
- Taking medical leave; or
- Requesting reasonable accommodations related to a disability.
If you believe that your employer engaged in retaliation, it is important to gather evidence. Create a written record of any alleged misconduct. The more information that you can provide an attorney, the stronger your case may be. Retaliation remains the most common complaint filed with the EEOC.
Were You the Subject of Workplace Retaliation? Contact Our Office.
Did you get fired or demoted after reporting discrimination at your workplace? Were you the subject of harassment or abuse for filing an EEOC complaint? If you were the victim of workplace retaliation, you might be able to file a claim against your employer.
If you believe you have been retaliated against by your employer as a result of your protected activity, you need to consult with an attorney who can determine what, if any, legal remedies may be available to you. Contact our firm at (404) 865-3771 to learn more about your legal rights and your options. All consultations are confidential and without obligation to retain our services.
