Workplace retaliation. It is an issue you never want to experience.
But it does occur.
Maybe you reported harassment. Perhaps you asked about unfair pay. Or you have had to take medical leave. These scenarios are allowed – by law. They are known as protected activities. However, some employers react poorly, and they could retaliate.
There are numerous examples of workplace retaliation. In some cases, the worker who did the protected activity will be fired, demoted, or left out of important meetings. These changes occur after making the complaint.
Knowing how to act in such a situation is tough, especially when it is so tough for employees to prove the retaliation. Fortunately, this post outlines four key steps, so keep reading to learn more.
Gather and Save Evidence
You need to begin acting fast in this situation – no matter if you’ve been fired or isolated from meetings. The first step is to begin collecting documentation that shows what happened.
Key records to gather include emails, text messages, past performance reviews, your termination letter (if applicable), and any written complaints you made. These should be kept offsite on your own personal laptop.
These documents will help you create a timeline leading up to the retaliation. It is crucial to write down exact dates, times, summaries of what happened, and any witnesses.
Request the Reason in Writing
If you were fired as retaliation, then you need to know why. This won’t be as simple as your boss saying, “Your contract was terminated because you took protected medical leave.”
Unfortunately, that won’t be the case.
But you need to know your employer’s official story. Having it in writing will prevent them from changing their justification later on. That could happen after lawyers or labor board get involved.
Sometimes, the employer will give a fake performance reason in writing. This could contradict your past positive performance reviews. As a result, you’ll prove their stated reason is a cover-up.
Consult an Employment Attorney
Because retaliation claims are tricky to prove, many workers will turn to professionals for assistance. This is why you must speak with a licensed lawyer with experience in employment law.
Employment attorneys will be able to review the strength of your case. In your meetings, you must bring along the documentation you’ve gathered. They will use this evidence to determine the case, although they will be unable to guarantee a positive outcome.
It is also beneficial to seek out lawyers in your area. Certain states have different laws, so local lawyers will have the best knowledge. For example, workers in Montana might want to contact Bozeman retaliation case attorneys.
File a Formal Administrative Charge
In some retaliation cases, discrimination or harassment might be involved. If so, it is vital you contact the Equal Employment Opportunity Commission (EEOC). You will be able to file a charge with that agency.
Of course, there are strict time limits you must adhere to. Charges filed with the EEOC must happen within 180 calendar days of the adverse reaction. It could go up to 300 days, depending on state laws.
To conclude, retaliation cases are challenging. Not only do you have to collect evidence, but you also need to prove your employer had an ulterior motive. Following the steps above should help.
