Employment Retaliation Attorney in Omaha, Nebraska
Employment retaliation occurs when an employer takes adverse action against an employee in response to the employee engaging in a protected activity. Protected activities include reporting discrimination or harassment, requesting accommodations for a disability, or participating in an investigation into workplace misconduct. Adverse actions can include firing, demotion, withholding promotions or pay raises, or making the work environment more hostile.
Retaliation can be difficult to prove, as employers may claim that the adverse action was taken for legitimate reasons. However, if an employee can show that the employer's reason for the adverse action is not credible and that the action was taken shortly after the protected activity, they may be able to establish a claim of retaliation.
Employees who believe they have been the victim of retaliation should document the adverse action and any potential reasons given by the employer. They should also keep records of any protected activities they engaged in, such as reporting harassment or requesting accommodations.
Employees can file a claim of retaliation with the Equal Employment Opportunity Commission (EEOC) or a similar state agency. The EEOC will investigate the claim and determine if there is sufficient evidence to support the employee's allegations. If the EEOC finds that retaliation has occurred, they may seek to remedy the situation through mediation or by filing a lawsuit on behalf of the employee. With regards to EEOC claims it is very important for any victim of retaliation to get the necessary filings filed in time.
It is important for employers to be aware of the laws prohibiting retaliation and to take steps to prevent it from occurring in their workplace. This can include providing training to managers and supervisors on the importance of not retaliating against employees who engage in protected activities. Employers should also have clear policies in place outlining the appropriate way to handle complaints of discrimination or harassment and ensure that employees are aware of these policies.
If an employer is found to have retaliated against an employee, they may face significant legal consequences. In addition to potentially having to pay damages to the employee, the employer may also face fines and penalties.
Retaliation can have serious consequences for both employees and employers. It is important for employees to be aware of their rights and for employers to take steps to prevent retaliation from occurring in the workplace. If you have been the victim of Employment Retaliation, give Joseph D Hall & Associates a call today!