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 was absolutely amazing. As an attorney she really took the time to really listen to my concerns. She was honest and kept me informed every step of the way. The outcome was favorable on my behalf and I appreciate her efforts to achieve a good outcome. I would highly recommend her and the Friedmann firm to represent me if ever needed in future.
Working with Rachel Sabo from Friedmann Firm was absolutely amazing! She upholds integrity, honesty and without a doubt fights for what is right! Rachel was extremely transparent and real! Please don’t let wrong be right, Rachel will strive to advocate and put her whole heart in obtaining resolve in your situation! What an absolute blessing, she won my case in less than 1 week💪
My experience with the Friedmann Firm is an absolute 5 stars. From my very first call with Karen, to all of my communication with Rachel, everything exceeded all of my expectations. Rachel and Karen were so caring and understanding in a very sensitive situation. They responded immediately to any questions or concerns I had. I would HIGHLY recommend the Friedmann Firm. They are caring, professional, understanding, and I would trust them with any issue I have in the future.
Rachel and the Friedmann Firm were fantastic to work with. The thought of needing an employment lawyer was scary for me, it was confusing and complex. But Rachel listened, asked questions and took time to really understand me and my priorities. I felt calm, supported and excited for the first time in weeks after talking to her!! We worked together to review everything, set expectations and meet my priorities! Thanks Rachel and team for all your work!!!
Rachel Friedmann of the Friedman Firm was my attorney for a very recent legal matter. I would highly recommend Rachel based on her legal knowledge, her honest appraisal of the matter and expected outcomes, her open communication and timely responses to my questions and the matter itself, and her steadfastness in dealing with the opposing counsel until a final agreement was reached.
Rachel and her staff went over and above the call of duty to help me achieve fiscal resolution to my legal issue. She wasn’t always available to talk but was always responsive via text and email when in court out of the office and even on vacation. I feel she earned her percentage cut.
Couldn’t be happier with the representation I received from Jamie Bailey on my civil litigation case. She worked tirelessly to resolve the case and in the end negotiated a fair settlement on my behalf. I would highly recommend her to anyone! Thanks for everything Friedman law firm.
Friedman Firm was a great help in a difficult time in my life. They went above and beyond to get me back on track. Rachel was so good to work with and is extremely knowledgeable about the law and employment rights. Can't thank them enough for all there hard work. Highly recommend them to anyone.
The Friedmann Firm (specifically Pete Friedmann) represented me through what seemed like a never ending employment discrimination suit. The suit was filed just before Covid shut everything down in 2020. Add to that a former employer who refused to admit fault. In spite of all of that, Pete stood resolute in his representation of me and working for the best outcome for me. We ended up settling prior to trial and I was more than satisfied with the results. Pete was always available to answer questions and reassure me throughout this process. I highly recommend The Friedmann Firm!
Pete Friedmann and his firm are fantastic. He represented me for more than a year going through a suit with a previous employer. He walked me through every step of the process and was always quick to respond to any questions I had. My settlement came in and we parted ways with both sides being pleased with the outcome. I highly recommend the Friedmann firm and wouldn’t hesitate to use them again in the future if the need arose. Thank you, Pete!
Rachel and the Friedmann Firm have been amazing to work with. Rachel was very helpful, listened to our concerns and took our case. She communicated well throughout and really worked for us. We were very well represented!
I loved working with The Friedmann Firm. Rachel and Jamie are exceptional lawyers and were diligent in reviewing my case and letting me know of my options. Jamie was extremely thorough and handled even the smallest details of my case with ease. The entire process was seamless and they were always quick to respond to emails and calls. I would definitely recommend working with The Friedmann Firm.
I would recommend Rachel Sabo Friedmann and the Friedmann firm for severance negotiations. Rachel was always available and responsive and made an effort to ensure I was updated on every step of the process. Her diligent efforts produced a prompt resolution and we are very happy with the results!