Austin Retaliation Lawyer
Under the law, workers enjoy a broad range of legal protections in the workplace. However, in some cases, workers who exercise their legal rights – for instance, to uncover illegal activity at the workplace – may be subject to retaliation on the part of their employer. This retaliation can include anything from hostility on the employer’s part to demotion or even termination.
Fortunately, retaliation against workers for exercising their rights under the law is illegal, and workers who have experienced this type of mistreatment are entitled to take legal action to assert their rights. As we at The Melton Law Firm, know how devastating retaliatory actions can be for Austin workers, and do whatever is possible to get them the justice and closure they need.
Retaliation Legal Claims
When you believe your employer has begun treating you differently out of retaliation for some action you committed or a characteristic, you may be able to pursue legal action. Some common reasons people file retaliation claims include:
- National Origin
- Whistleblower Retaliation
- Workers Comp Retaliation
- Nursing Home
- Hospital Worker
- Refusing to Perform an Illegal Act
- First Amendment
Ensuring your rights are fully protected is not always easy when an employer is acting in a retaliatory manner. Fortunately, with a lawyer’s experienced help and guidance, you can fight against such actions.
Frequently Asked Questions
If you believe that your employer unfairly retaliated against you for filing a complaint or raising a safety issue, you might not know where to turn for help. You may have questions about your rights. People often wonder “Do I need an attorney?” “Was the treatment I experienced unlawful retaliation?” You have questions, we have the answers. Contact the Austin employment lawyers of The Melton Law Firm for help, and read more below for a few answers to some frequently asked questions.
What is retaliation?
Retaliation is when an employer acts adversely toward an employee for performing a legally protected activity, such as filing a complaint. Examples of employer retaliation include firing the employee, a demotion, salary reduction, and much more. It is any negative job action that the employer enacts in response to the employee’s legally protected action. Not all retaliations are obvious. Even re-assigning an employee to a different shift after the individual files a complaint could be considered retaliation. It often depends on the circumstantial evidence surrounding the situation. If a reasonable person would be deterred from filing a complaint because of the employer’s actions, it is considered retaliation.
How do you determine whether or not an employer has retaliated against you?
When you file a complaint, take notice of your employer’s actions towards you. If they are more curt and less friendly to you after you complain, that is not an example of retaliation. As long as the change in the employer’s actions or attitude does not affect your employment negatively, no retaliation has occurred. Of course, some adverse actions are more subtle and hard to notice right away. If you begin to notice that an unreasonable amount of work is being put on you shortly after you have filed a complaint, or you receive a negative performance review, you have good reason to believe your employer is retaliating.
What do you do if you notice retaliation?
First and foremost, talk with the human resources director or a trusted supervisor to voice your concerns about why an employer is acting adversely towards you. Ask pointed questions. Be direct in questioning why certain seemingly negative events have transpired and why they occurred when they did (i.e., after you have filed a complaint). If an employer is unable to give you a proper answer, tell someone about the retaliation. An employer may not even notice they are retaliating. Let them know that the adverse actions started right after you filed the complaint. If your employer refuses to admit or even correct the problem, contact The Melton Law Firm to take action against your employer and preserve your rights.
Contact a Retaliation Attorney in Austin
You do not deserve to be treated unfairly by your employer, and with the help of our attorneys at The Melton Law Firm, you can likely take action against an employer for retaliating against you. We are prepared to take aggressive action against employers who retaliate against their employees, so call us at (512) 330-0017 today to tell us about your situation and find out how we can help.