If you are an employee who has been retaliated against for exercising a protected right in the workplace, you may be able to file a lawsuit against your employer for recompense. To help you understand your rights and improve your chances of your claim being successful, it’s recommended that you consult with an attorney. Call the office of Tetzel Law directly today for your free consultation. 

What Is a Retaliation Lawsuit?

If you exercise a protected right as an employee, your employer is prohibited under federal and state laws from retaliating against you. Examples of your rights as an employee for which your employer cannot retaliate include:

  • Filing a discrimination claim
  • Participating in a discrimination claim as a witness
  • Filing a workers’ compensation claim
  • Exercising your rights under the Family and Medical Leave Act (FMLA) 
  • Exercising any rights related to wage and hour laws

The above list is not inclusive. If you believe that you have been retaliated against for exercising a protected right, you should speak with an attorney immediately. 

What Do You Have to Prove to Win a Retaliation Lawsuit?

In order to win a retaliation lawsuit, you will need to prove that you exercised a protected right and that your employer took retaliatory actions against you. Examples of retaliatory actions include:

  • Reducing a worker’s pay or hours
  • Terminating a worker’s employment
  • Threatening a worker
  • Punishing the worker
  • Reducing the worker’s status or responsibilities
  • Otherwise punishing or taking adverse action against a worker

The best way that you can improve the chances of your case being successful is to have plenty of evidence to present. You should record as much as possible, beginning with any early instances that led to you exercising a protected right, the details of you exercising your protected right, and as much information as possible about your employer’s retaliation. Detailed notes, records, document logs, and witness testimony can all help to support your case. 

Damages Available in a Retaliation Suit

The type of damages that you are able to recover in a retaliation suit will depend on the details of your case and the extent and type of harm that you have suffered. Commonly, recompense for lost wages may be part of a settlement. Additionally, you may also be eligible for noneconomic damages for your pain and suffering, as well as reinstatement to your previous position. 

Statute of Limitations on Retaliation Claims

Under federal law, if you are filing a retaliation claim with the Equal Employment Opportunity Commission (EEOC), you must do so within 180 days. However, in some cases, state laws may override EEOC rules, and a claimant may have up to 300 days to file a claim. As such, it is important that you speak with an attorney so you know your legal options. If you fail to file a claim within the statute of limitations, you may forfeit your right to damages.

Call Tetzel Law Today

At the office of Tetzel Law, our experienced personal injury attorneys know that being retaliated against in the workplace can be intimidating and detrimental to your sense of safety and financial security. To learn more about your rights when you’ve been wrongfully retaliated against, call (617) 742-1700 directly or reach out to us online to schedule a free consultation.