BY: Tad T. Roumayah | IN: Employment Law
Conflicts between employees and employers are common in today’s complex workplace. If you’re considering a lawsuit against your employer, it’s natural to wonder if they can terminate you. In short, they cannot fire you simply because you filed a lawsuit. Let’s explore.
Employees might consider legal action against their employers for various reasons. Some of the most common include:
Several important laws exist to protect employees from retaliation if they sue their employer or participate in investigations against them. These include:
These laws cover what’s known as “protected activity.” This term refers to actions taken by employees to assert their rights under these laws, such as filing a complaint, reporting a violation, participating in an investigation, or suing an employer. When an employee engages in protected activity, it’s unlawful for the employer to retaliate by taking adverse action, like firing or demoting the employee.
While there are robust laws in place to protect employees from retaliation, some employers still engage in retaliatory behaviors. These can range from subtle actions, like exclusion from meetings or sudden changes in work assignments, to more overt ones, including demotion or termination of employment.
Statistics from the Equal Employment Opportunity Commission (EEOC) underscore this issue. Over half of all EEOC complaints involved retaliation claims, making it the most frequently alleged form of discrimination.
So, what might retaliation look like? Here are some potential signs:
Navigating the process of suing your employer can be complex, especially when faced with potential employer retaliation. Here’s an overview of the steps involved:
Throughout this process, having a lawyer is invaluable. They can guide you through each step, ensure you understand your rights and options, and represent you in court.
While the prospect of suing an employer can be daunting, it’s crucial to stand up for your rights in the workplace. Retaliation is an unfortunate reality, but protections exist. There are clear steps to take if you find yourself in this situation, from keeping detailed records to support your case, filing a complaint with the EEOC, and potentially bringing a lawsuit to court. It’s essential to consult with a legal professional before taking any action. If you’re considering this path, contact the team at Sommers Schwartz. Our experienced attorneys are ready to discuss your options and guide you through this complex process.
View all posts byTad T. Roumayah
Tad Roumayah focuses his practice primarily on employment litigation, representing employees who have encountered discrimination, retaliation, wrongful discharge, whistleblower protection claims, wage and hour violations and other employment issues and disputes.