Workplace Retaliation

Helping Employers and Employees Resolve Harassment Claims

In the following educational legal video, experienced Hamburg employment attorney Andrew P. Fleming discusses unlawful workplace retaliation and how to best protect yourself when involved in a workplace harassment dispute.

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The issue of unlawful workplace retaliation comes up quite often in my practice. Retaliation is being punished – the formal expression is having the terms and conditions of your employment negatively affected as a result of bringing some sort of illegality to the attention of your employer. For instance, if somebody complains of sexual harassment in the workplace – which is exactly what they should do if that is occurring – the employer cannot take negative actions against that employee because they complained. That’s commonly known as retaliation in the workplace and it’s pretty straightforward.

When it comes to complaining, most companies now have a harassment policy. More often than not, in order to get your issue out of the employer’s domain and into a court, you must first complain to your employer. It’s very important – if illegal harassment or bad harassment is happening in your workplace – that you complain to your employer. That serves to bind some employers because, once you’ve made that complaint, most employers are very hesitant to retaliate against you.

Employers will then call their lawyer and say, “We got a complaint from Mr. Jackson, who says that he’s being treated differently because of the color of his skin. What do we do?” Most employers’ lawyers will say, “Well, whatever you do, don’t retaliate against him right now.” Regardless, retaliation in the workplace is a sadly common theme despite all that I’ve just said. If that happens, you need to get hold of a lawyer pretty quickly.

Are you an employer with questions about workplace retaliation and how to best protect yourself in a harassment dispute? The experienced Hamburg employment attorneys at Chiacchia & Fleming, LLP have extensive experience in aggressively representing the rights of employees in all kinds of workplace disputes. Contact us today to schedule a consultation. Let our experience work for you.

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