How Much Is Your Employer Retaliation Case Worth?

Demotion or reduced job responsibilities may also be a manifestation of blatant retaliation if they occur shortly after participating in a protected activity.

If an employee suddenly starts receiving unwarranted scrutiny and unfair performance reviews after participating in a protected activity, they may have a valid retaliation concern.

A role reassignment, shift change and relocation that are undesirable and negatively affect the employee may constitute retaliation if there is no reasonable basis for such changes.

An employer can retaliate and subject an employee to an unfavorable work environment by harassing and being hostile to them.

Following a protected right activity, an employer may bypass an employee regarding career progression opportunities and raises.

Retaliation may also take the subtle form of workplace exclusion, which was not there before, such as being excluded from meetings, office conversations and professional opportunities. Generally, the employer’s actions against the employee must be considered “materially adverse” to be legally actionable, whereas actions that are considered “petty slights” are typically not legally actionable.

Taking disciplinary action against an employee for engaging in a protected activity is an obvious act of retaliation.

If employer retaliation caused any of these negative emotions, you may be entitled to pain and suffering damages:

• Emotional pain
• Humiliation
• Mental suffering
• Frustration and anger
• Embarrassment
• Reputational harm

These can be more challenging to recover than economic damages. To prove you suffered from emotional harm, it may be helpful to undergo an official examination from an expert who may also testify at trial on your behalf.

In particularly egregious employer retaliation lawsuits, employees may be able to recover punitive damages. These are intended to punish the company for malicious, oppressive and fraudulent acts.

Under the FMLA, employees in schools, public agencies and private companies that employ 50 people or more are entitled to unpaid leave for family and medical matters. This leave is a protected right that attracts legal action if an employer retaliates against you for taking or asking for it.

The FLSA is a labor law that guarantees the right to minimum wage and protects employees from retaliation if they file complaints regarding wage and hour violations.

The Occupational Safety and Health Act (OSHA) protects employees from employer retaliation if they report workplace hazards and safety violations. It also protects against retaliation if you were to take part in workplace safety investigations.

These whistleblower laws protect employees of covered employers who report ethical issues in the workplace. An employer can face legal action under these laws if they retaliate following a report of fraud, misconduct and other ethical concerns.

You need to prove the causal relationship between your protected activity and the employer’s adverse action, which can be tricky without solid proof. However, experienced legal professionals can significantly impact the outcome of your case. They can help you gather evidence and negotiate settlement amounts. Law firms, such as Weisberg Cummings, can help you protect your rights and provide knowledgeable insights tailored to your situation.

You may have a strong retaliation case if you have well-documented evidence of the employer’s retaliation. Statements from co-workers, employee records, medical professional testimonies and therapy records can help you. The employer must also know of your protected activity to establish a causal connection.