Retaliation can take several forms. If you have reported wrongdoing or illegal activity in the workplace, your employer cannot take action against you. In that case, you are protected as a whistleblower. Some examples of retaliation could include being demoted, decreased pay, decreased in your scheduled work hours, termination from your job, or failure to hire you for a position that you are qualified to do.
If you report that you are the victim of wage theft, your employer cannot legally retaliate against you. You are protected by laws and if they violate those laws, then you can pursue a claim against them and recover compensation for your damages and your employer could face legal penalties, such as fines and other punishment as allowable by law.
Retaliation is a serious offense and should be dealt with accordingly. That means that you should promptly file a complaint with the proper office and get your claim on track. Often these situations can be resolved quickly and efficiently without the claim advancing to court if they are aware that you have evidence and that you are serious about the situation.
Examples of Retaliation
Retaliation can take several forms. While this doesn’t cover everything, here are a few examples of retaliation that workers may suffer:
- Demotion
- Decreased salary
- Fired without cause
- Unexpected negative evaluation
- Sudden exclusion
- Disciplined for no reason
It can be difficult to prove that you are the victim of retaliation, but with the right evidence and documentation, you can get your claim on track. You should keep all emails and memos and be sure to document any and all conversations. You will want to get statements from witnesses as well. You will need to prove that your supervisor retaliated because you complained because of wage theft.
If you have reported wage theft and have supporting evidence to show that your employer wasn’t paying you fairly, then you have fallen victim to some form of retaliation, you should act quickly. You should enlist the help of an employment law attorney who is experienced in such matters and who can help you get your claim on solid ground.
Your number one focus of your claim is to gather evidence to prove that your supervisor retaliated against you because you reported wage theft. Your lawyer knows the best way to proceed with a claim and will know how to gather the necessary evidence to get your claim on track.
Penalties For Retaliation
If an employer retaliates against you for reporting their illegal actions, such as wage theft, they can face harsh penalties. Here are a few of the ways that your employer will be punished:
- They will have to pay you any compensatory damages and lost wages
- They will be investigated for any other employment law violations and illegal activities
- The manager or supervisor who oversaw the illegal actions will be terminated
- The oversight group will require that the employer change the company policies and procedures so similar situations don’t occur
- They could be subjected to fines depending on the state and the laws in that state
The penalties can be very harsh, and they can vary from one state to the next. An employment law attorney in your state will be able to assess the situation and determine the extent of your damages. Your lawyer will also know how to get your claim underway and recover compensation for your losses. Don’t delay getting the help that you need for your claim.
How An Employment Law Attorney Can Help You
If you have been the victim of wage theft, and then you were retaliated against because of you reporting the wrong-doing, you should enlist the help of an employment law attorney who handles such claims in your area. An attorney will be familiar with the state and federal laws and will know the best way to proceed with your claim. An attorney will be able to gather up the needed evidence to prove your case and get it on track.
Talk with the attorney about when and how they expect payment, but there are some employment law attorneys who take cases on a contingency basis. Complete the Free Case Evaluation Form to share the details of your case with a law firm that handles employment law matters in your area. Don’t delay getting the legal guidance that you need to get your claim on track.
