How Employment Lawyers Help Employees with Retaliation Claims
Retaliation in the workplace occurs when an employer punishes an employee for engaging in legally protected activities. Employees may face retaliation for reporting unlawful conduct, taking family leave, participating in a workplace investigation, or asserting other legal rights. Retaliation can come in many forms, including termination, demotion, pay cuts, or even unfair performance reviews.
If you have experienced retaliation at work, it is essential to consult with an employment lawyer who can help you understand your rights and take legal action against your employer. At Castronovo & McKinney, LLC, we specialize in retaliation claims, and we are committed to helping employees fight back when their rights have been violated. In this article, we will explain what workplace retaliation is, how to identify it, and how an employment lawyer can help you with your retaliation claim.
What is Workplace Retaliation?
Workplace retaliation occurs when an employer takes an adverse action against an employee because the employee has engaged in a legally protected activity. The law protects employees from retaliation when they do the following:
- Reporting Discrimination or Harassment: If you report harassment, discrimination, or other unlawful conduct in the workplace, your employer cannot retaliate against you for doing so.
- Filing a Workers’ Compensation Claim: If you file a claim for workers’ compensation after being injured on the job, your employer cannot punish you for exercising your right to compensation.
- Exercising Family or Medical Leave Rights: If you take leave under the Family and Medical Leave Act (FMLA) or another state-specific family leave law, your employer cannot retaliate against you for taking time off to care for your health or your family.
- Participating in an Investigation: If you participate in a workplace investigation or testify in support of another employee in a legal matter, you are protected from retaliation.
- Engaging in Whistleblower Activities: If you report illegal activities in your workplace, such as fraud, health and safety violations, or violations of environmental laws, you are protected from retaliation.
Retaliation can take many forms, including termination, demotion, pay cuts, unjustified disciplinary actions, denial of promotion, or even harassment by coworkers or supervisors. If you are experiencing retaliation, you may be entitled to compensation for lost wages, emotional distress, and other damages caused by the retaliation.
How an Employment Lawyer Can Help with Retaliation Claims
When you experience retaliation at work, it is essential to consult with an experienced employment lawyer who can help you understand your rights and pursue legal action. Here are some ways an employment lawyer can assist you with a retaliation claim:
- Evaluating Your Claim: An employment lawyer will review the circumstances surrounding your retaliation claim to determine if you have a valid case. They will assess the facts, identify the protected activities you engaged in, and determine whether your employer’s actions were retaliatory.
- Helping You Document the Retaliation: Proper documentation is crucial in any retaliation case. Your lawyer will help you gather evidence of the retaliation, such as emails, performance reviews, witness testimony, and other records that demonstrate your employer’s adverse actions.
- Filing a Complaint: If you are experiencing retaliation, you can file a formal complaint with your employer’s human resources department or the appropriate government agency. Your lawyer will help you navigate this process and ensure that your complaint is properly documented. They may also help you file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor board.
- Negotiating a Settlement: Many retaliation claims are resolved through settlement rather than litigation. An experienced employment lawyer can negotiate with your employer’s legal team to secure a settlement that compensates you for your damages, such as lost wages, emotional distress, and any other harm caused by the retaliation.
- Representing You in Court: If a settlement cannot be reached, your lawyer will represent you in court. They will prepare and present your case, gather evidence, and argue on your behalf to ensure that your rights are protected and that you are fairly compensated for the retaliation you experienced.
Why Choose Castronovo & McKinney for Your Retaliation Claim?
At Castronovo & McKinney, LLC, we are committed to fighting for the rights of employees who have been retaliated against in the workplace. Our team of experienced employment lawyers has a proven track record of success in handling retaliation claims and securing favorable outcomes for our clients.
We understand the emotional and financial toll that retaliation can take on employees. That’s why we offer compassionate yet aggressive legal representation to help you seek justice and recover the compensation you deserve. We will work tirelessly to ensure that you are treated fairly in the workplace and that your rights are protected every step of the way.
If you believe that you have been the victim of retaliation at work, don’t hesitate to contact Castronovo & McKinney today. Our legal team will review your case, explain your rights, and help you take the necessary steps to fight back against retaliation. We will help you seek justice and compensation for your damages.
To schedule a consultation with one of our experienced employment lawyers, contact Castronovo & McKinney, Employment Law Attorneys today. We are here to help protect your rights and advocate for your future.
Contact Us
Visit our offices in Morristown, NJ or New York, NY, or give us a call to schedule a consultation with one of our experienced employment lawyers. We are ready to help you with your retaliation claim and fight for your rights in the workplace.
New Jersey Office
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781
