Wrongful Termination After Reporting Harassment: What Are My Rights?
By Gregory Thyberg on August 22, 2018
Sexual harassment and any kind of targeted mistreatment at a workplace can never be tolerated. When unwanted advances or treatment of any kind occurs, employees should feel safe reporting this to their company’s HR department and/or to their supervisor. Unfortunately, some employees are punished for trying to keep their workplace a safe environment free from harassment or bigotry. Cases of wrongful termination cannot be tolerated, which is why there are laws to protect employees.
The Sacramento, CA law firm of ThybergLaw would like to consider cases int which a person is fired for speaking out against harassment. We’ll discuss legal protections and your rights if you have been the victims of employer retaliation.
Reporting Harassment Is Crucial
As we noted above, reporting harassment is crucial for your safety and the safety of your co-workers. A toxic work environment of any kind should never be tolerated. People who mistreat others at the workplace need to be held responsible for their actions. This helps prevent repeat behaviors and also keeps your workplace both professional and respectful.
Employer Retaliation for Reporting Harassment
Sometimes an employer may engage in various kinds of retaliation for reporting harassment, however. This often happens when the person reported is favored by the company or your supervisors. This can also happen in workplaces where sexism and bigotry of various kinds is pervasive in the environment.
When an employer retaliates, it could mean an employee is demoted, subject to pay cuts, has hours reduced, or is simply fired from their job.
Legal Protections from Employer Retaliation
Federal laws are in place to protect employees from discrimination and employer retaliation. This includes statutes regarding sexual harassment and various forms of discrimination. If you feel threatened or uncomfortable at your workplace, reporting these complaints to your company is not illegal.
Employees may not be retaliated against for making legitimate complaints of harassment or discrimination on the job. If your employer has retaliated against you, it’s important to report them to the proper state and federal organizations, such as the U.S. Equal Employment Opportunity Commission (EEOC).
Proving Employer Retaliation
Proving employer retaliation can be more difficult than it sounds. Your employer may try to use other events or factors to justify their termination. In essence, your employer will say that your termination occurred for reasons other than reporting harassment, such as job performance or complaints from other co-workers.
How an Employment Attorney Can Help
Given the ways employers may mask acts of wrongful termination and retaliation, it’s important that you discuss your legal options with a skilled attorney. After hearing the circumstances of your case, they can go over the evidence of retaliation and determine the best course of action. Your attorney can also help direct you to various state and federal groups with which you can file formal complaints.
The legal process for wrongful termination can be long, so having strong legal representation on your side is crucial.
Learn More About Wrongful Termination Lawsuits
To learn more about your legal rights after being wrongfully let go from your job, be sure to contact an experienced employment law attorney. Our legal team is here to help. ThybergLaw can also be reached by phone at (916) 204-9173.