What is Employment Retaliation?
First and foremost, employment retaliation is illegal under federal and Ohio laws. It happens when an employer penalizes an employee for engaging in “protected activity” such as: reporting unlawful conduct, opposing unlawful conduct, or participating in an investigation into reports of unlawful mistreatment. The law also prohibits retaliation against whistleblowers who go to the news media or law enforcement with information about corporate wrongdoing.
Regulations and court decisions on what constitutes employment discrimination identify the examples of prohibited retaliation:
- Firing an employee solely because he or she filed a workplace discrimination complaint
- Giving an employee a negative performance evaluation because he or she is taking part in a workplace discrimination lawsuit
- Transferring an employee to a less-desirable position for complaining about sexual harassment
- Abusing an employee verbally for cooperating with a discrimination investigation
- Assaulting an employee physically for declining sexual advances
- Changing work schedules for complaining about nonpayment of wages or overtime
- Subjecting an employee to increased scrutiny for refusing to engage in discriminatory behaviors towards co-workers
- Denying raises, promotions, or other career opportunities for calling attention to pay inequities
- Reporting an employee to police for stepping in to protect a co-worker from discrimination, harassment, or abuse
Filing discrimination complaints, and acting to identify or end discrimination and harassment are defined as “protected activities” because every worker has the right to demand a safe, equitable, nonprejudiced, and nonbiased workplace. When a worker engages in protected activity, it is unlawful for his or her employer to take any retaliatory action. When retaliation does occur, the victim is entitled to seek damages to compensate the employee for his or her loss.
Most employment retaliation cases are conducted under rules enforced by the federal Equal Employment Opportunity Commission (EEOC). Consulting with an experienced and knowledgeable retaliation lawyer in Columbus, Ohio, will help an employee understand what remedies are available.
To succeed with a retaliation claim at either level, a worker must convince a judge or jury of the following three things:
- That he or she engaged in protected conduct,
- That an “adverse employment action” like firing, demotion, or abuse followed the protected conduct, and
- That the employer took the adverse employment action because the plaintiff engaged in protected conduct (causal connection)
Drawing a causal connection between the protected conduct and an adverse action can be difficult. Employees can benefit greatly from working with an employment retaliation lawyer in Columbus before formally filing a complaint with the EEOC or a state agency. Gathering and organizing as much evidence as early as possible increases the likelihood of succeeding in court, as does carefully wording all filings.
We welcome you to request a consultation with a retaliation lawyer by calling the Columbus, OH, offices of the Friedmann Firm at 614.610.9755. You can also connect with us online and share Every discussion will be kept confidential.
Rachel and Dominick were incredibly helpful throughout the entire process. They got back to me quickly, whenever I had questions, which helped me stay calm during a very stressful time. Rachel was confident in her abilities and knowledge of the labor laws, and she was able to secure a settlement for me. If you ever find yourself in a situation that requires you take action against an employer, I would highly recommend the Friedman Firm. There's no one I would recommend more to be in your corner.
If you are in need of an employment attorney, this is your sign to talk to Rachel and Jamie. Amazing!! They handled my case like the true professionals they are! They stuck to a strategy, even when it seemed like it wasn’t going our way and BAM! We get the outcome we wanted. I couldn’t be happier and I will always return to them if I EVER have an employment issue again. Thank you so much for helping me and my family!
Dedicated! Thorough! Detailed! Professional! Personable! I can keep going with the many qualities Pete and his team have. I highly recommend him!!! You won't be disappointed.
I needed an employment lawyer to work through a non compete. Pete at The Friedmann Firm was listed as one of the three best rated employment lawyers on a local website. I called him in the morning and later that night he was on the case and provided sound council through a very tense negotiation. Don’t take a chance with your career, reach out and get good council. Pete was very responsive every step of the way and delivered positive results. I highly recommend Pete and his Firm!
Rachel was top-notch from start to finish. She was responsible, professional, quick to respond to emails, texts or phone calls. She gives it to you straight, which I prefer! She thinks outside the box and is definitely the dog you want in the fight for you. She does not waste time and immediately dives right in to get the best results she can for you. I would highly recommend Rachel and her firm to anyone who wants to get the job done right, the first time, in a professional, compassionate and decisive manner.
My wife used this firm for a matter she had with her former employer. She could not have been more satisfied with their services. They were timely in responses, courteous, and very thoughtful. This was a difficult process for her and Pete made it so much easier by handling all of the details of her case.
Rachel Sabo of The Friedmann Firm believed in me when no one else did & helped me through every step of my legal process. Very happy with the firm’s professionalism & dedication to my case.
I called them with some questions about my employment and Jamie was very helpful. I didn’t need an attorney to handle a case for me - only to help me navigate an issue I was having at work. She answered my questions and I felt she truly listened to me. I’d recommend this firm to anyone looking for an employment lawyer. Thank you!
Pete resolved issues I was having with my employer in a quick and favorable manner. He is also easy to talk to and understands his clients rights AND needs. You’d do right to call The Friedmann Firm.
I had a terrific experience with Rachel. She handled my case in a very professional manner. She made herself available and always kept me updated. Her knowledge of the law is incredible. She took the time to educate me on the legal processes so I understood what was happening with my case. Thank you Rachel for helping me navigate a most difficult situation. I am so thankful to have had you as my attorney. You have my highest recommendation.