Do I Have a Workplace Retaliation Case? By Dan Atkerson on June 16, 2023

State and federal laws provide employees with numerous protections, including the right to work in a safe environment free of discriminatory conduct or harassment. When employees report illegal or discriminatory actions, laws provide further protection. Workplace retaliation for reporting illegal activities or using employee benefits (sick leave, FMLA leave, etc.) is unlawful.

Despite employment laws, workplace retaliation occurs at an alarming rate. Individuals in Allen, TX, Plano, TX, and Frisco, TX, who have been mistreated, terminated, or otherwise punished as an act of retaliation can work with attorney Dan A. Atkerson to determine if they have a workplace retaliation case. If so, their employer may be liable for emotional and financial damages related to the retaliation.

Workplace Retaliation and Employee Protection

Workplace retaliation laws are enforced by the Equal Employment Opportunity Commission (EEOC). The laws protect employees from retaliation related to discrimination, whistleblowing (reporting illegal activity), and other job-protected activities. Workers protected from retaliation include those who:

Speak out against or refuse to participate in illegal practices
Report illegal activity to law enforcement agencies like the Occupational Safety and Health Administration (OSHA)
Participate in investigations or legal proceedings related to illegal workplace discrimination or harassment
Request accommodations for a protected disability status
Take FMLA or other job-protected leave
Speak out against workplace discrimination, sexual harassment, or a hostile work environment
File a workplace discrimination complaint with the EEOC
Have a close relationship with someone who has taken any of the abovementioned actions

Examples of Workplace Retaliation

Workplace retaliation can occur in many different ways. The law defines workplace retaliation as any act that causes an employee to lose pay or miss opportunities for advancement. Common examples of workplace retaliation include:

Termination
Demotion
Failure to promote
Denial of training or other career opportunities
Unwarranted disciplinary action
Unfavorable job review (without cause)
Denial of a raise
Unpaid wages, unpaid overtime, or a decrease in pay rate
Unfavorable changes in job duties or position

Do I Have a Case?

If you have participated in one of the actions protected under employment laws and have faced negative consequences from an employer, you likely have a workplace retaliation case. A knowledgeable employment law attorney, such as Dan A. Atkerson, can review the details of your situation and advise you of your legal options.

Damages in a Workplace Retaliation Case

Victims of workplace retaliation can hold employers accountable for emotional and financial damages related to the retaliation. Depending on how an employee is retaliated against and the type of losses they suffer, awarded damages in a workplace retaliation case may include compensation for:

Loss of income
Costs related to a job search
Emotional stress and trauma
Punitive damages (these serve as a punishment for the employer and discourage them from future acts of retaliation)

Get In Touch

If you were fired, demoted, or otherwise punished for reporting an employer’s illegal or discriminatory actions, you likely have grounds to file a workplace retaliation case. To learn more about your legal options and the compensation you may be due, send our law firm a message and request a consultation with attorney Dan A. Atkerson at your earliest convenience.