You cannot expect positive outcomes from workplace disputes because they often end up damaging relationships between employees and employers. In fact, your employer may even go to the extent of retaliating by taking negative actions against you. But you cannot just expect to stay quiet about any issues such as harassment and discrimination at the workplace only because you fear retaliatory action. Thankfully, you can also take legal action against them in such a situation. Here are some key facts you need to know about employer retaliation claims and how you can deal with it with the help of an employment attorney.
You Should Have Evidence To Validate Retaliation
An employer may illegally retaliate against an employee with adverse actions such as disciplining or terminating them. Usually, they do it as a counterattack when you report against them for issues such as harassing or discriminating against you. They could also take any other actions which may harm your mental or emotional state or affect your working conditions. If you want to take legal action against retaliation, you will have to prove it with valid evidence. You will need to show that you experienced illegal discrimination or harassment at the workplace, following which you engaged in a protected activity such as a complaint to your superiors. The employer responded by taking adverse action against you and you suffered damage as a result.
An Employment Lawyer Can Help
If you have the evidence to authenticate your case, you can go ahead and take legal action against the employer. An employment lawyer is the best person to help with such cases. Typically, employment attorneys would want you to submit all the evidence you can right from the start. To begin with, you would have to provide the actual documents of the report or complaint of harassment or discrimination to the employer. If there are any offensive messages or visuals, provide them as well. Also, share the name and designation of the person to whom the complaint was reported. Further, the contact information of the witnesses who can speak up in your favor would strengthen your case.
Understanding Your Damages And Losses
When it comes to recovering damages in a retaliation lawsuit, you will have to prove that you sustained an actual loss or damage due to the employer’s retaliatory action. These losses could be lost wages or benefits because the employer may have suspended or terminated you. Your pay stubs, W-2 forms, other employment documents would serve as evidence to show the earnings before the case. There could be other related losses too, such as medical expenses that your health care benefits would otherwise have covered. You will also need documents to prove these expenses and losses. Further, your lawyer would also want to know about your employee benefit plans prior to the retaliation to get you optimal compensation.
When you file an employer retaliation claim, you would be the most important witness for the case. The judge and jury will evaluate your testimony to decide whether you deserve a damages award. Obviously, sincerity, a calm demeanor, organized and clear statements can win you the case.