If you have been a victim of retaliation in the workplace, you may be entitled to compensation. There are laws in place to protect workers from mistreatment including retaliation. An employment law attorney will help you pursue a claim against your employer so you can recover compensation for the damages you suffered when your employer retaliated against you.
What Remedies Are Available To Me?
If you have been the victim of retaliation from your employer, you can file a claim against your employer to recover compensation for your damages.
An employment law attorney can help you determine the damages that you suffered, but here are some of the more common losses claimed in a retaliation claim:
- Back pay – pay you would have earned if not terminated
- Front pay – pay you are yet to earn and could have earned if not terminated
- Hiring – any bonuses you would have been entitled to, pay raises, and so forth
- Promotion – if you were qualified and entitled to a promotion during the time you were not employed with the company, you will be compensated for that
- Reinstatement – your job will be offered back to you, and you will be given reinstatement pay
- Punitive damages – the court may determine that your employer has a pattern of such behavior, and they may want to punish your employer and deter future behavior such as retaliation, so they could award punitive damages
- Attorney fees – the costs associated with your legal representation as well as court costs
You will need to itemize all your damages then add them up and provide the total of your losses, so you can ask for a lump sum amount to cover the damages you suffered because of your employer’s retaliation against you.
An employer cannot fire you because you reported illegal activity. If you participated in an action protected by law, then you have rights and resources available.
You can recover your losses and hold your employer accountable for their illegal actions, which at this point would include retaliation.
Filing A Claim
To file a retaliation claim against your employer, you must be able to establish three things. Here is a rundown of those things:
- You must prove that you as an employee engaged in a legally protected activity
- You must show that you as an employee was penalized without any real cause
- You must be able to link the employee’s action with the retaliation suffered
As an example, a whistleblower is protected by laws, but sometimes the employer retaliates against a whistleblower despite facing penalties.
Retaliation occurs when an employer punishes an employee for participating in legally protected activity. Retaliation can occur in many ways and is actually any negative job action, including being demoted, disciplined, job termination, reducing salary, or reassigning shifts or job duties.
You will need to maintain documentation to support your claim and to prove that you were retaliated against.
As an example, you may be a whistleblower who reported illegal activity, such as discrimination or harassment, or who reported misappropriation of funds.
You will have proof that you reported this, and an employment law attorney can help you prove that your termination or punishment was directly related to your legally protected activity.
You must have evidence to prove what happened and how it happened. With the supporting evidence and documentation, you can show that you were mistreated by your employer and that they broke the law by retaliating against you and terminating you from your job duties. You should take advantage of the resources available to help you in such situations.
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If you have been the victim of retaliation, you should enlist the help of an attorney. If you have been subject to wrongful termination as a form of retaliation, you should enlist the help of an employment law attorney.
An attorney will be able to help you determine your losses and pursue a claim against your employer.
When you speak with an employment law attorney, be sure to discuss payment options. Some lawyers will require a retainer to be paid in advance, but others will take the case solely on a contingency basis, and not be paid until you win your claim and recoup compensation.
There is a statute of limitations, or a time limit, for pursuing a claim after wrongful termination. If you wait too long, you cannot recover compensation for your damages. Complete the Free Case Evaluation Form to learn the best way to proceed with your claim.