A Retaliatory Discharge is a Wrongful Termination

Posted in Wrongful Termination on June 7, 2016

Boss Blaming Female ExecutiveA couple of weeks ago, Donna filed a sexual harassment claim against her current boss, John. She was tired of his suggestive comments and unprofessional behavior in the workplace. Since her claim, many people in the office have distanced themselves from her. She is now the topic of break room gossip. Things began to get worse last week. Her boss barged into her office and fired her. He said her presence in the office and sexual harassment claim hindered productivity. He threatened that he would make it difficult for her to find another job anywhere else she applied. After his rude comments, he walked out the office and slammed the door. Donna was left perplexed, shaking, and in tears. Donna’s fictional tale is, unfortunately, true for many workers who are faced with retaliatory discharge in the workplace.

Have you experienced a retaliatory discharge from your boss or company? You do know that if you were, it is considered a wrongful termination. That means your employer fired you for reasons that are unjust or illegal. A retaliatory discharge may have happened because you filed a discrimination claim, a worker’s compensation claim or revealed fraudulent activities going on in your workplace. There are state and federal laws that protect you against these type of situations. You should never be fired for exercising your employee rights.

According to the U.S. Equal Employment Opportunity Commission (EEOC), retaliation is the most common concern alleged by federal employees. Furthermore, it is the most common discrimination finding in federal jobs. Almost half of the complaints by federal workers in 2013 were for retaliation claims. Retaliation was the culprit in 42% of findings of discrimination. If complaints from the private sector mirror the documented complaints from the federal sector than the problem may be widespread among all workers in general. The law prohibits retaliation in all areas of the workplace, including promotions, hiring, firing, pay, training benefits, layoffs and job duties. An employer cannot fire, demote, harass, or retaliate against an employee for exercising their employment rights in the workplace. All the laws enforced by the EEOC provide protections against retaliation. An experienced employment law attorney can help you better understand these laws and how they may affect your case and wrongful termination claim. These laws include:

  • Title VII of the Civil Rights Act
  • The Fair Labor Standards Act
  • The Americans with Disabilities Act
  • The Age Discrimination in Employment Act
  • The Occupational Safety and Health Act
  • The Equal Pay Act

If your employer (or former employer) has wrongfully terminated you in retaliation or violated your employment rights, you may be entitled to compensation. Please contact the Law Offices of Joseph & Norinsberg. Their lawyers will provide an honest assessment of the strengths and weaknesses of your case. If your case merits going to court, the attorneys at the Law Offices of Joseph & Norinsberg will work diligently to help you find the justice you deserve. Contact the Law Offices of Joseph & Norinsberg at (212) JUSTICE or at info@employeejustice.com for a free initial consultation.

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