What Is the Legal Process for Retaliation at Work?

If a previously acceptable workplace situation has suddenly become dangerous or uncomfortable because of retaliation, please call. It may be time to file a workplace retaliation claim. Although we can better advise you during your free case evaluation, here is an overview of the retaliation at work process. 

If this is your first time facing a legal dispute, you may not know what to expect. Unfortunately, there are no cut-and-dry answers. The length of the proceedings and the damages you are entitled to will depend entirely upon the facts of your case. Details like the skill of your attorney, the backlog of the courts, and the availability of evidence can all affect the outcome.

Although the specifics of your case may vary, here is a general outline of what to expect from the retaliation at work process:

1. Your attorney will file the lawsuit
2. Your employer will be served with the lawsuit
3. Your employer’s legal team will respond to the suit
4. Both sides will enter the discovery process (meaning information will be shared between parties)
5. Both sides will enter settlement negotiations
6. If a settlement cannot be reached, the case will go to trial

To better understand the legal proceedings ahead of you, call our office today. We know that coming forward with your case may be difficult, and we are here to lend the support you need. 

If you are still unsure whether you actually have a retaliation case, you may wonder if there are warning signs to watch for. Although each scenario is unique, there are five telltale signs that indicate your rights have been violated. They are:

1. Receiving a demotion
2. Being terminated or let go from your position
3. Receiving a pay cut or losing out on your regularly scheduled hours
4. Being intentionally excluded from trainings, meetings, or other activities
5. Having your schedule or duties reassigned unfairly

Do any of these warning signs ring a bell? If you feel you have been subjected to one or more of these retaliatory behaviors, call Morgan & Morgan today. 

Proving that you were retaliated against can be a complicated process. But if you hire a knowledgeable attorney from Morgan & Morgan, we can help you get started on the right foot. To make your case successful, we advise you to follow these important steps.

Come Prepared to Your Consultation

Getting started on the right foot begins on day one. So we strongly recommend that you come fully prepared for your initial consultation with an attorney. 

If you have questions about workplace retaliation, write them down so you do not forget to ask them. Then, be willing to answer any and all questions the attorney has for you. 

As you describe the situation to your attorney, don’t leave any details out. Doing so could greatly hurt your case and keep it from being successful. You should also make copies of any and all evidence you have obtained. That way, your attorney has those documents on hand as he starts to work on your case. 

Collect Evidence Through the Process

The evidence you collect throughout your experience may make or break your case. Before you even contact an attorney, it helps to have hard evidence that your rights have been infringed upon.

Of course, the type of evidence you have access to will depend on your situation. However, we frequently see these types of documentation in the cases we argue:

• Emails
• Personal notes/journal entries
• Voicemails
• Letters
• Memos
• Call logs
• Text messages

If a coworker witnessed the retaliatory behavior, it will help to have his or her testimony to add to your list of evidence. Your attorney may interview the person and ask them to testify in your case. 

Keep in mind that in many states, you cannot make an audio or video recording without consent from all parties involved. Speak to your attorney about how you can legally acquire the evidence needed to support your case.

Don’t let a lack of evidence hold you back from asserting your rights. By speaking with an attorney about the situation, you may find that you have more proof than you previously believed. At Morgan & Morgan, we offer free case evaluations for this very reason. Call us today to get one set up.

It is completely unlawful for your employer to retaliate after you have filed a lawsuit, even if that lawsuit is unsuccessful. If you are fired, demoted, or otherwise retaliated against after a failed lawsuit, please reach out to our attorneys. 

A negative job reference could qualify as an act of retaliation. In fact, previous cases have been won based on these types of circumstances. In Male v. Tops Market, a New York federal court ruled in favor of a former employee who received negative job references from an employer after previously filing a discrimination lawsuit.

Any post-employment retaliation that hurts your prospects for finding new employment is illegal. Call us if you find yourself in a similar situation.

Different states have different statutes of limitations for these types of lawsuits. In Utah, the SOL is four years. In New York, it’s three. And in Nevada, it’s two. If you want to learn about your state’s Statute of Limitations, you should give Morgan & Morgan a call to set up an appointment and learn more.

If you would rather not file a lawsuit but want to have the retaliation issue put to rest, you do have a few other options. You might try to talk to another supervisor or member of HR about the issue. If a discussion doesn’t resolve the issue, you might try putting your complaint into writing. And if neither of those options work, call an attorney to discuss what else you might try. 

We know that the retaliation at work legal process can be intimidating. If you would like to have a conversation about the process, your rights, and your options, simply fill out the contact form on our website. We offer free case evaluations so that you can feel supported from day one.