Employer Retaliation Claims in Birmingham

Employment Law Attorney Explains Employer Retaliation

If an employee files a complaint against their employer for discrimination or an unlawful practice, then the employer might retaliate against that individual. According to the U.S. Equal Employment Opportunity Commission, retaliation occurs when an employer takes an adverse action against a covered person that was involved in a protected activity. An adverse action could include the following:

  • Termination
  • Disciplinary measures
  • Demotion or reassignment
  • Refusing to hire
  • Denying rightful promotion
  • Unfair evaluations
  • Threats/Assault
  • Increased observation

If any of these are committed against an employee who was engaging in protected activity like filing discrimination charges, reporting illegal actions, or exercising employee rights, then the employee is entitled to report workplace retaliation to an appropriate government agency.

Proving Retaliation

If you want to establish a valid claim of employer retaliation then there are a few things that you must prove. First, you should show that you opposed your employer in some form of protected activity and that your employer was aware of your action. Next, you need to demonstrate that your employer took an adverse action against you. Lastly, you must prove that there was a connection between the adverse action and the protected activity. This is often the most difficult to prove.

You can prove this connection by using direct evidence or circumstantial evidence. Direct evidence would be statements such as emails, letters, or verbal conversations that confirm your employer's wrongful action. Circumstantial evidence documents the timing of your employer's actions. If your employer retaliated soon after you engaged in protected activity, then that might signal injustice. You might also show that an employer has history of retaliating against other employees who pursued a protected activity.

It is important to note that retaliation is especially hard to prove if your employer has a legitimate reason for their adverse action. Reasons could include absence, low performance, or other abuses. All your employer has to do is show that you would have been fired even if you hadn't engaged in a protected activity.

Tough Legal Representation for Employees

Our Birmingham employment lawyers at Wrady & Michel, LLC make themselves available to give legal counsel whenever you need it. If you have been a victim of employer retaliation, then contact us as soon as you can. We are committed to passionately defending our clients against any unfair employers. Take advantage of our phone case evaluation that we offer to all clients who are interested in finding out more about our legal services. At our firm, you can expect that you will be working one-on-one with a licensed attorney. You deserve to have our full-attention. Call now so we can get started on your employment law case today!

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