Retaliation

Retaliation can take many forms, including an employer firing the employee, demoting or suspending the employee, or making the workplace too hostile for the employee to stand.

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If you have been a victim of workplace retaliation, Yezbak Law can help stand up against your employer.  Retaliation is a complicated area of law, and retaliation claims can be time sensitive.  It is imperative to seek legal advice as early as possible.

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Types of Retaliation

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After Requesting or Taking FMLA Leave

Some employees are eligible for up to three months leave during a twelve-month period for specific medical reasons and/or issues concerning their family under the Family and Medical Leave Act (FMLA).  Employees may experience retaliation for asking for FMLA leave.​

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After Requesting a Reasonable Disability Accommodation

Employees who have a disability under the Americans with Disabilities Act may qualify for reasonable accommodations at work.  A reasonable accommodation is any change to the application or hiring process, to the job and the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and to enjoy equal employment opportunities. Accommodations are considered “reasonable” if they do not create an undue hardship.  An applicant or employee may experience retaliation after asking for a reasonable accommodation.​

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After Reporting Harassment, Discrimination, or Fraud

Employees who report harassment, discrimination, or illegal activity by their employer may face retaliation.  This includes employees who report harassment that they are experiencing themselves or if they report on behalf of another employee.

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After Complaining About Pay Issues

Not all pay complaints are protected, but retaliation after complaining about minimum wage violations, working off the clock, overtime pay violations, misclassification, or unequal pay based on sex/gender may be illegal.

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After Showing Interest in Starting or Joining a Union

Under federal law, most employees have the right to form, join, or assist a union and cannot be disciplined, demoted, or penalized in any way for engaging in these activities.

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After Participating in an Investigation into Workplace Wrongdoing

Generally it is unlawful to retaliate against employees who serve as witnesses or in other ways participate in investigations into workplace wrongdoing.  This includes investigations by the Equal Employment Opportunity Commission, the Tennessee Human Rights Commission, the Department of Labor, or law enforcement.