Workplace Retaliation Attorneys

Understand Your Rights and Protections against Workplace Retaliation

It takes courage to exercise your rights as an employee or report misconduct in the workplace. Unfortunately, some employers respond to the actions with retaliation. If left unchecked, this unlawful practice can destroy your career, finances, and peace of mind.

If you need legal help after exercising your rights or after speaking out against discrimination, harassment, wage theft, or illegal activity, the workplace retaliation attorneys at Zipin, Amster & Greenberg are here for you.

Let us use both federal laws and protections in Maryland, Virginia, and Washington, D.C. to give you the legal advantage you need to get the outcome you deserve.

Understanding Workplace Retaliation

In the United States, all workers have rights and protections, regardless of who employs them. Thus, an employer cannot punish an employee for exercising these rights or for reporting a violation of their protections.

However, exercising these rights can have a negative impact on some employers, which can cause them to retaliate against that employee by taking adverse actions against them.

These retaliatory actions may come after an employee takes medical or military leave, or after they file a worker’s compensation claim.

Retaliation may also result from reporting wrongdoing, such as:

  • Discrimination or harassment based on race, sex, age, disability, religion, national origin, etc.
  • Sexual harassment
  • Wage and hour violations (such as unpaid overtime or misclassification)
  • Unsafe working conditions
  • Fraud, embezzlement, or other illegal activity
  • Whistleblowing under state or federal law

If your employer took adverse actions against you for exercising your rights or for reporting illegal or unethical conduct, you may have a valid retaliation claim. The workplace retaliation attorneys at Zipin, Amster & Greenberg are ready to help you take the next steps.

State and Federal Protection Against Workplace Retaliation

Employees in the United States need to know that they have various rights and protections that exist on both a federal and state level that protect them against retaliation.

Our workplace retaliation lawyers have outlined some of the most important protections we can use in your retaliation case to help you receive the outcome you deserve.

Federal protections

Title VII of the Civil Rights Act of 1964
This landmark set of protections covers a wide variety of aspects related to employment retaliation, including hiring, firing, pay, and promotions, and requires employers to reasonably accommodate employees’ religious practices, unless it poses an undue hardship.

The Age Discrimination in Employment Act of 1967 (ADEA)
The ADEA protects applicants and employees 40 years of age and older from discrimination and retaliatory actions on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions, or privileges of employment.

Americans with Disabilities Act of 1990
The ADA ensures equal opportunity and access for people with disabilities by requiring reasonable accommodations in the workplace, protecting them from retaliatory actions related to their disability.

The Pregnancy Discrimination Act
An amendment to Title VII of the Civil Rights Act of 1964, this act ensures that pregnant employees are treated the same as other employees with temporary disabilities regarding benefits, leave, and job security, and prevents retaliatory actions from anything related to their pregnancy.

Family Medical Leave Act
The FMLA is a United States labor law that requires covered employers to provide employees with job-protected unpaid leave for qualified medical and family reasons.

Additionally, there are various state protections for workers in Virginia, Maryland, and Washington, D.C.

Virginia protections

Virginia Human Rights Act (VHRA)
The VHRA prohibits retaliation for reporting discrimination or harassment.

Virginia Fraud and Whistle Blower Protection Act
This act protects employees from retaliation when they report legal violations, refuse to engage in illegal acts, or participate in investigations.

Virginia Occupational Safety and Health Program (VOSH)
The VOSH program enforces safety and health regulations, inspects workplaces, investigates incidents, and provides free services to employers and employees across various sectors.

Maryland protections

Maryland Fair Employment Practices Act (FEPA)
FEPA prohibits retaliation for opposing unlawful discrimination by employers in Maryland.

Maryland Wage and Hour Law
This law is used to prevent retaliation for wage complaints.

Maryland Whistleblower Law
State and local government workers are protected from retaliatory action being taken against them after disclosing an abuse of authority, gross mismanagement, gross waste of money, or a violation of law.

Washington D.C.

D.C. Human Rights Act (DCHRA)
This provides broad anti-retaliation protections that cover 20+ protected characteristics.

D.C. Whistleblower Protection Act
This protects D.C. government employees and contractors from retaliation after reporting corruption, mismanagement, or dangers to public health, safety, or the environment.

D.C. Accrued Sick and Safe Leave Act
Among other things, this act bars retaliation from employers for using sick leave.

D.C. Wage Theft Prevention Act
This protects wage complaint filers from suffering retaliation from their employers.

Universal Paid Leave Act (UPLA)
This act provides retaliation protections for employees who need paid leave to care for various events in life, such as caring for a new child or a seriously ill family member.

The federal and state protections listed above are just some of the protections the workplace retaliation lawyers at Zipin, Amster & Greenberg can use on your behalf.

Common Examples of Workplace Retaliation

In order to fight against all forms of retaliation, workers like you need to first recognize that retaliation from an employer can range from subtle to blatant.

That means retaliation isn’t just being fired, although employment termination is one of the most common forms. Instead, there may be actions that are classified as retaliation, despite an employer thinking it is their right to do so.

Some other workplace retaliation examples include:

  • Demotion or reduction in hours
  • Unwarranted discipline or poor performance reviews
  • Loss of promotions or raises
  • Reassignment to less desirable shifts or duties
  • Workplace isolation or ostracism
  • Threats, intimidation, or harassment
  • Increased scrutiny or micromanagement
  • Making conditions so intolerable that you’re forced to quit

If you notice a pattern of negative treatment after you engage in a protected activity at work, it could be retaliation, regardless of what your employer claims. Let our workplace retaliation lawyers examine what you’ve experienced to confirm that you have a retaliation claim.

Identifying and Proving Retaliation Took Place

In order to have a successful workplace retaliation claim, you first need valid proof in the form of evidence proving that retaliation took place.

This evidence includes three essential elements in order to be valid:

  1. You engaged in a protected activity
  2. You suffered a materially adverse action
  3. There is a causal link between the protected activity and the employer’s action

Let our workplace retaliation attorneys explain what these mean:

You engaged in a protected activity
This often means you brought a charge, testified, or assisted in exposing an unlawful or unethical action against your employer. Or it could be that you exercised a right as an employee. For example, you may have reported harassment or unpaid overtime pay, or you requested maternity leave.

You suffered a materially adverse action
In other words, there is clear evidence that your employer punished you or caused you to experience a negative outcome. This may be in the form of receiving a demotion, being fired, or experiencing a pay cut.

There’s a causal link between your protected activity and the adverse action
This means that there is a clear cause and effect between what you did and experiencing a negative outcome, such as the timing of events, statements made by management, or the pattern of retaliation.

Evidence of causal links between protected activity and adverse employment actions might include:

  • Emails or written complaints
  • Texts, memos, or messages showing motive
  • Performance reviews before/after the event
  • Witness testimony
  • HR or supervisor comments
  • Timing of the retaliation

While employers rarely admit to retaliation, our skilled workplace retaliation attorneys can help uncover the real story through documentation, depositions, and discovery.

What to Do If You’re Experiencing Workplace Retaliation

If you suspect retaliation, you need to recognize that time is not on your side. For example, you may only have 180 or 300 days to file a complaint with the EEOC or local agency.

That means you need to take action as early as possible in order to build a case.

Our workplace retaliation lawyers recommend taking these steps:

Document everything

You’ll need evidence in order to build a case that you are the victim of workplace retaliation. To do so, you should immediately document whatever you can, including keeping a detailed record of dates, incidents, conversations, and emails.

Consult a workplace retaliation attorney

The attorneys at Zipin, Amster & Greenberg have decades of combined legal experience in these matters. This will provide you with the proven guidance you need to make the correct choices that help you get justice at the workplace.

Follow internal procedures

It may be best to file a complaint with HR or management, if safe to do so. However, since the retaliatory actions may have been taken by HR or management, this is not always the best course. Your retaliation attorney should first look at your unique situation and advise you on what to do.

The workplace retaliation lawyers at Zipin, Amster & Greenberg will help you positively identify what is taking place with your employer, as well as help you choose the best course of action for your unique case.

Get Answers to Your Workplace Retaliation Questions

No employee should feel threatened or intimidated after doing the right thing. However, the situation created by your employer may make you feel like you don’t have any options.

If this is what you’re facing, let the workplace retaliation lawyers at Zipin, Amster & Greenberg provide the guidance and support you need in this critical time.

We’ll examine your unique situation, understand what exactly took place with your employer, and identify what protections exist on both a state and federal level to help you experience the best outcome possible.

Contact Our Workplace Retaliation Attorneys Today

With over six decades of combined legal experience, the workplace retaliation lawyers at Zipin, Amster & Greenberg have the legal insights and understanding you need to gain powerful leverage with your case.

Let us examine what took place with your employer, create a legal strategy that’s right for you, and go to work on your behalf to help deliver the justice and compensation you deserve.

Call us today at (301) 587-9373 or fill out our contact form to get started.

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Contact us today to book an in-office consultation. Fill out our contact form or call us at 301-587-9373.

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