Ask a Discrimination Attorney: Everything You Need to Know About “Retaliation”


Are you wondering if you have experienced retaliation in your workplace? Are you thinking about hiring a discrimination attorney in Kansas City? These are a few very important things you should know about retaliation.

Ask a Discrimination Attorney: Everything You Need to Know About “Retaliation”

What Exactly Is Retaliation?

If you suspect that you are not being treated fairly in your workplace, it’s important to have a solid understanding of what retaliation in the workplace actually is. This will help you determine if you have a case or not.

Essentially, retaliation occurs if you as an employee are punished by your employer even though you are engaging in a legal activity. While retaliation can sometimes be difficult to spot, if your employer’s action would prevent or deter a reasonable person from making a complaint, this could be seen as illegal retaliation.

What Forms Can Retaliation Come In?

There are several ways that an employer might retaliate against you. You could be wrongfully terminated, for one thing. It’s also possible that your salary or benefits have been reduced, or you’ve experienced a change in your work schedule or duties. Sometimes retaliation can come in the form of a transfer, or of denying an employee a promotion or raise.

Is Retaliation Always Illegal?

As frustrating as retaliation can be, and as much of a negative impact as it can have on you, not all retaliation is actually illegal. There are some situations in which an employer retaliating is a perfectly legal action, though it may be an upsetting one.

Retaliation is illegal when the action that’s being retaliated against is protected by the law. So, for example, retaliation is illegal in cases like harassment, gender discrimination, racial discrimination, and whistleblowing in some states. It is also illegal in situations of concerted activities in the workplace.

How Can You Tell If You Are Experiencing Retaliation?

Sometimes it’s very clear that you are experiencing retaliation from your employer. But there are other situations where it may not seem as obvious. If you report an employer for harassment or discrimination, for instance, you may find that this employer’s behavior changes towards you. But even if they’re less friendly, that isn’t necessarily retaliation.

But if you report your employer for harassment and you are fired shortly after, then that’s a pretty clear indicator that you have been retaliated against. If you believe you’ve experienced retaliation, discrimination and retaliation lawyers in Kansas City will be able to help you.

What Should You Do If You Suspect Retaliation?

Being retaliated against can be extremely stressful and negatively impact various aspects of your life. If you think your employer is retaliating illegally against you, there are a few things you should do.

One of the first things to do is to speak to your supervisor or human resources department about what you’re experiencing. There could be a reasonable explanation for what’s been happening. However, if your employer isn’t able to provide an adequate explanation as to the retaliation, you might need to further your complaint.

When Should You Call a Lawyer?

If you believe you have been illegally and unfairly retaliated against, it’s important to get the right legal representation on your side. Your lawyer will ensure that you are represented in court and that you are able to reach a fair solution.

When you find a lawyer that you think might be able to help your case, it’s a good idea to book a consultation with them. Have a list of questions with you to keep yourself organized, and make sure to provide your lawyer with as much detail as possible to help determine if you have a viable case.

How to Build a Case for Retaliation

If you need to bring your case in front of a judge, you are going to have to prove that there was actual retaliation. Essentially what you need to show is that your employer’s retaliatory behavior was triggered by your previous complaint or action.

To do this, there are a few important things you’ll need to remember. Take care to document the behavior of your employer as best you can. You should also take note of how you and your employer behaved before your complaint, so you can prove there is some form of retaliation. For example, if your boss fires you after a complaint you’ve made and claims it’s because of poor work performance, pulling up emails or performance reviews from your boss that outline positive feedback can help you.

If you think that you have experienced retaliation in your workplace, this can make you feel frustrated and helpless. But there are ways you can deal with retaliation. Working with a qualified lawyer can help you come to a fair solution and allow you to feel comfortable in your workplace again.


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