Retaliation in the Workplace
Defending Employees Who Speak Up — Kennedy Law
Employees have the right to speak up about unlawful treatment in the workplace—whether it’s discrimination, harassment, wage violations, or other misconduct. But far too often, employers respond by punishing those who come forward. This is known as workplace retaliation, and it is illegal under both federal and state employment laws. At Kennedy Law, Mr. Kennedy represents individuals who have experienced retaliation for standing up for their rights.
What You Should Know About Workplace Retaliation:
- Retaliation happens when an employer punishes an employee for engaging in a protected activity. This includes reporting discrimination or harassment, requesting disability accommodations, taking a protected leave of absence, or participating in an investigation.
- Retaliation can take many forms. It isn’t always a firing. It may involve demotion, reduced hours, a pay cut, exclusion from meetings, negative performance reviews, or creating a hostile work environment.
- You don’t need to prove the underlying complaint to have a retaliation claim. Even if the discrimination or harassment claim is not ultimately successful, retaliation for making that complaint may still be illegal.
- Federal and state laws protect employees. Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and other laws prohibit retaliation against employees who assert their rights.
- Timing can be a key factor. If negative treatment follows soon after an employee speaks up, it may be evidence of retaliation.
- Employers often deny retaliation. They may try to disguise it as a performance issue or restructuring. Mr. Kennedy is experienced in identifying and challenging these tactics.
- Strict deadlines apply. Retaliation claims must usually be filed within a short window of time, depending on the applicable law, so early legal advice is crucial.
- Remedies may be available. Employees may be entitled to lost wages, emotional distress damages, job reinstatement, and other relief depending on the circumstances.