FAQTEXT-Retaliation

What protection do I have from retaliation by my employer?

The law protects employees from retaliation for engaging in protected conduct. Employees can sue for economic, emotional and punitive damages if their employer takes adverse employment action against them for engaging in protected conduct.

How do I prove retaliation?

The gist of a retaliation claim is that an employer "gets back" at an employee for doing something protected by law. To win a retaliation claim, employees must prove that: they engaged in protected conduct; their employer disciplined, terminated or did something else bad to them; and, their employer did the bad thing because they engaged in protected conduct.

Is "blowing the whistle" the same thing?

Not quite. Whistle blowing describes a certain kind of protected conduct, which is turning in an employer for breaking the law. The employer retaliates only if it takes adverse employment action against the employee as a result.

What are some other examples of protected conduct?

Other examples of protected conduct include: asking for overtime pay; filing a complaint with the department of labor; attempting to organize a union or other collective employee activities, reporting sexually harassing conduct; serving for the armed forces or reserve; filing for workers compensation benefits, and applying for medical benefits or leave. A less obvious example occurs when an employee complains about general working conditions on behalf of others, even if the conditions are not unlawful. Federal labor law prohibits employers from retaliating against employees for engaging in such "concerted activity". Generally speaking, an employee engages in protected conduct any time he or she exercises an individual right or does something of public importance.

How do I know what conduct is protected?

Get to know your rights. When you exercise them, you engage in protected conduct. You also engage in protected conduct by doing things valued by the public, such as reporting wrongdoing or serving your country or community.

Doe it mean that I can't be fired after I do something protected?

Not at all. It means you cannot be fired because you did something protected. Your employer can always fire you for a legitimate reason. However, retaliation suits let juries second guess an employer's motives. If an employer terminates, demotes or fails to promote an employee shortly after he or she engaged in protected conduct, juries many times tend to believe that the protected conduct caused the employer to retaliate.

Can I get into trouble for turning my employer to the authorities for no good reason?

Yes. Your employer can discipline or terminate you for making a groundless, bad faith complaint.