by Attorney in Boston: Fighting Retaliation in the Workplace
A Guide for Protecting Your Rights
Readers,
Have you faced retaliation in the workplace after reporting illegal or unethical behavior? If so, you’re not alone. Retaliation is a serious issue that can prevent employees from speaking up against wrongdoing.
This comprehensive guide will provide you with an overview of your legal rights and options in cases of workplace retaliation. We’ll cover the most common forms of retaliation, the laws that protect employees, and the steps you can take to hold your employer accountable.
Types of Retaliation
Retaliation can take many forms, including:
- Demotion or termination
- Suspension or other disciplinary action
- Negative performance evaluations
- Unfair or unequal treatment
- Isolation or ostracization
Protected Activities
The law protects employees who engage in certain activities, known as "protected activities." These include:
- Reporting illegal or unethical behavior
- Filing a discrimination or harassment complaint
- Seeking accommodations for a disability
- Participating in an investigation or legal proceeding
Legal Remedies
If you’ve been retaliated against, you may be entitled to legal remedies, such as:
- Reinstatement to your job
- Back pay and benefits
- Compensatory and punitive damages
- Attorney’s fees
Responding to Retaliation
If you believe you’ve been retaliated against, it’s important to take the following steps:
- Document the retaliatory behavior. Keep a record of any negative actions or statements taken against you by your employer.
- Inform your supervisor. Let your supervisor know about the retaliation and your protected activity.
- File a complaint. You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency.
- Seek legal advice. An attorney can help you understand your rights and options, and represent you in a legal action.
Table of Retaliation Laws
| Law | Description |
|---|---|
| Title VII of the Civil Rights Act of 1964 | Prohibits retaliation based on race, color, religion, sex, or national origin |
| The Americans with Disabilities Act (ADA) | Prohibits retaliation based on disability |
| The Age Discrimination in Employment Act (ADEA) | Prohibits retaliation based on age (40 or older) |
| The Fair Labor Standards Act (FLSA) | Prohibits retaliation for exercising rights under the law, such as overtime pay |
| The Family and Medical Leave Act (FMLA) | Prohibits retaliation for taking leave for family or medical reasons |
Conclusion
Retaliation in the workplace is a serious issue that can have a devastating impact on an employee’s career and well-being. If you’ve been retaliated against, it’s important to know your rights and take steps to protect yourself.
For more information and resources on workplace retaliation, please visit the following websites:
- Equal Employment Opportunity Commission (EEOC)
- National Employment Lawyers Association (NELA)
- American Bar Association (ABA) Center for Pro Bono
FAQ about Attorney in Boston Law Deal Retaliation in Workplace
What is workplace retaliation?
Retaliation occurs when an employer takes adverse action against an employee because the employee engaged in a protected activity, such as reporting discrimination or harassment.
What are some examples of retaliation?
Retaliation can take many forms, including:
- Firing or demoting the employee
- Changing the employee’s job duties
- Giving the employee negative performance reviews
- Denying the employee benefits or promotions
What is the law on retaliation in Massachusetts?
Massachusetts law prohibits employers from retaliating against employees who engage in protected activities. The Massachusetts Retaliatory Employment Protection Act (MEPA) provides employees with a private right of action to sue their employers for retaliation.
Who can file a retaliation claim?
Any employee who believes that they have been retaliated against can file a claim. This includes employees of all ages, races, genders, religions, and sexual orientations.
What are the damages that can be recovered in a retaliation claim?
Employees who win retaliation claims can recover a variety of damages, including:
- Lost wages and benefits
- Emotional distress
- Punitive damages
How long do I have to file a retaliation claim?
Employees have three years from the date of the retaliation to file a claim.
What should I do if I believe I have been retaliated against?
If you believe that you have been retaliated against, you should take the following steps:
- Document the retaliation. Keep a record of any communication you have with your employer, including emails, text messages, and voicemails.
- Report the retaliation to your supervisor or human resources department.
- File a complaint with the Massachusetts Commission Against Discrimination (MCAD).
Can I file a retaliation claim if I am not sure if I have been retaliated against?
Yes. If you are not sure if you have been retaliated against, you can still file a complaint with the MCAD. The MCAD will investigate your complaint and determine if there is enough evidence to support a claim of retaliation.
What are my chances of winning a retaliation claim?
The success of a retaliation claim depends on a number of factors, including the strength of the evidence and the legal arguments presented by your attorney. However, employees who have been retaliated against have a good chance of winning their cases.
Can I afford to hire an attorney to represent me in a retaliation claim?
Yes. There are a number of attorneys who represent employees in retaliation cases on a contingency fee basis. This means that you will not have to pay any fees upfront, and the attorney will only be paid if you win your case.
