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Retaliation in the Workplace
Contents
What protection
do I have from retaliation by my employer?
How do I prove retaliation?
Is whistleblowing the same thing?
What are some other examples of protected conduct?
How do I know what conduct is protected?
Does this mean I can't be fired after I do something protected?
Can I get into trouble for turning my employer into the authorities
for no good reason?
What should I do
if I believe my employer retaliated against me?
Workplace Retaliation FAQs
What protection do I have
from workplace retaliation by my employer?
The law protects employees from retaliation
for engaging in protected conduct. In Ohio employees
can sue for economic, emotional and punitive damages if their
employer takes adverse employment action against them for
engaging in protected conduct.
Fortney & Klingshirn provides answers
to frequently asked questions about retaliation and whistleblowing
to help you evaluate your options. These answers are
not a substitute for legal advise. You must consult
counsel liscensed to practice in your state if you believe
that you are a victim of retaliation.
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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.
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Not quite. Whistleblowing 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.
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Other examples of protected conduct include:
- filing a complaint with the department
of labor;
- reporting sexually harassing conduct;
- serving for the armed forces or reserve;
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.
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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.
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Does
this mean 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.
Importantly, retaliation suits let juries
second guess an employer's motives. If bad things
follow quickly behind protected conduct, juries tend to believe
that the protected conduct played a part.
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Can I get into trouble for turning
my employer into the authorities for no good reason?
Yes. Your employer can discipline or
terminate you for making a groundless, bad faith complaint.
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What should I do
if I believe my employer retaliated against me?
Consult legal counsel.
Fortney & Klingshirn has successfully represented hundreds
of Cleveland, Akron and Northeast Ohio individuals and employers
in retaliation and other employment matters. Contact
us to see if we can help you.
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Q. Where can I learn more about
workplace retaliation?
A. We updated and expanded this
workplace
retaliation FAQs with more information about proving and
preventing retaliation. More information about
retaliation at work is available on My
Emloyment Lawyer.
You can also contact us with
a specific question. We do not guarantee an answer and
charge $200.00 for an initial consultation. We therefore
look at our email inquiries as an opportunity to help you
decide whether a consultation makes sense for you.
We look forward to hearing from you.
Fortney
& Klingshirn
4040 Embassy Parkway, Suite
280
Akron, Ohio 44333
telephone 330-665-5445 - fax 665-5446
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