Retaliation was the topic that we covered in our previous blog post. If you recall, we discussed how employees who are whistleblowers have specific rights that prevent the employer from being able to retaliate against the employee. Still, some employers opt to retaliate against employees who file complaints of any sort. We know that you didn’t speak out about discrimination, harassment or any other negative action just because you wanted to start trouble. We understand that you were only doing what you needed to do.
If you have been retaliated against because you spoke out, you have the right to put an end to that retaliation. We can investigate your case to determine what the root cause of the retaliation was. As long as the retaliation wasn’t because of negative performances by you when you are doing your job, you can seek compensation for retaliation.
When you are seeking compensation for retaliation, the investigation will need to focus on what happened to cause the retaliation. For example, if you always have good performance reviews but were demoted after you made a complaint about sexual harassment, the performance reviews might be used to show that you were doing your job. In that case, it would be possible to link the demotion with the sexual harassment complaint.
You wouldn’t be able to claim retaliation if you were demoted because you had a long history of coming in late to work or failing to do your job. When it comes to claims of retaliation, making sure that we can link the retaliation to the complaint you filed is critical. We will work hard on your behalf to do just that.