Can an employer retaliate?

Can an employer retaliate?

Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment. As long as the employer’s adverse action would deter a reasonable person in the situation from making a complaint, it constitutes illegal retaliation.

Is it illegal for an employer to retaliate against an employee?

It is illegal for an employer to retaliate against whistleblowers or other employees who report various types of illegal activity. An employee who is fired, disciplined, or otherwise treated differently because the employee has complained about illegal activity may have the right to sue the employer under several legal theories: Retaliation.

How are employees protected from retaliation for reporting workplace hazards?

The Occupational Safety and Health Act (OSHA) and similar state laws. Employees who report workplace hazards are protected from employer retaliation. The Family and Medical Leave Act and similar state laws. Employees who request or take FMLA leave or time off under a state leave law may not be retaliated against. The National Labor Relations Act.

Is it illegal to retaliate against a whistleblower?

Do Not Sell My Personal Information It is illegal for an employer to retaliate against whistleblowers or other employees who report various types of illegal activity.

How to determine if an employee is entitled to reinstatement?

1 Determine the employee’s benefits and/or entitlements under the relevant laws. 2 Evaluate whether the employee is entitled to reinstatement once able to return to work. 3 Evaluate whether the return to work poses a direct threat to the health or safety of the employee or others in the workplace.

What happens if an employee retaliates against an employer?

Employees who have experienced retaliation often ask for an award of “pain and suffering,” which includes the negative emotions (including anger, embarrassment, frustration, and the like), reputational harm, and other negative consequences you’ve experienced as a result of the retaliation.

Can You recover back pay in a retaliation case?

There are several types of damages you may be entitled to recover in a retaliation case. If you can prove that your employer demoted you because of your report to HR of the supervisor’s harassment, you can recover the lost wages you have suffered due to the demotion (called “back pay”).

Can a person get punitive damages for retaliation?

Punitive damages are only available in particularly egregious cases and even then, may be awarded only if you can meet a higher standard of proof than is required to prove the underlying retaliation itself. In short, punitive damages are difficult to win.