When the acts of employer retaliation occur, be sure to write down what happened, who was involved, where it happened, the time and date it happened, and the stated reason why this occurred (if available). This is especially important when the retaliation involves small acts that create a hostile work environment over time.
What Is Workplace Retaliation? Legal Definition and Situations in Which to File a Retaliation Claim
Workplace retaliation refers to any form of punishment against an employee who reported discrimination or harassment at the workplace, reported unsafe working conditions, or blew the whistle on unethical behavior or business practices. Retaliation can also occur after a worker rightfully attempted to claim unpaid wages, sought reasonable accommodations for a disability, or needed leave for a medical condition or to serve on a jury.
In all of the above cases, a worker gets unfairly punished for engaging in lawful and protected activity.
Examples of Workplace Retaliation
- Refusing to promote an employee
- Refusing to give an employee a raise
- Refusing to grant vacation days, sick time, or medical/family leave
- Demoting an employee
- Cutting salary, wages, or work hours
- Changing an employee's duties or title
- Poor performance reviews
- Disciplinary action without cause
- Creating a hostile environment for an employee
- Forced relocation of an employee
- Wrongful termination of an employee
Know Your Rights in the Face of Retaliation Dallas-Forth Worth Employment Law Attorney Dan A. Atkerson on Retaliation and Wrongful Termination
Deadline to File Retaliation Charges Do Not Delay in Reporting What Happened to the Proper Agencies
You have a set amount of time to make a formal workplace retaliation complaint to the relevant agency. If you fail to meet these deadlines, you will not be able to initiate an outside investigation or pursue legal action against your employer.
Deadline to File a Complaint with the EEOC
You have 180 days to file a retaliation complaint with the Equal Employment Opportunity Commission (EEOC).
For federal employees who have experienced retaliation, you have just 45 days to contact an EEOC counselor about the incident.
Deadline to File a Complaint with the TWC
Like the EEOC filing deadline, you have 180 days to file a retaliation complaint with the Civil Rights Division of the Texas Workforce Commission (TWC).
Discuss Your Case with a Lawyer Today Find Out If You Have an Viable Retaliation Claim Against a Dallas-Fort Worth Company
If you feel your employer retaliated against you, it's a good idea to speak with an employment lawyer to discuss what happened. Attorney Dan A. Atkerson has been helping Dallas workers who've experienced retaliation since 1984. He can determine the best course of action to hold companies accountable and secure you compensation.
To learn if you have a viable retaliation lawsuit, send us a message or call to request a consultation at our Allen, TX, labor attorney office.
(214) 383-3606
We Can Help with Claims of Retaliation Dallas-Fort Worth Workers Have a Fearless Advocate in Dan A. Atkerson
Dan represented me in an employment issue. He was very professional and undaunted in the face of adversity. He provided me with consistent and informative updates. I am very satisfied with his services!
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I chose Dan to represent me in an EEOC case because of his lengthy experience focusing specifically in such cases. His "no nonsense" style and strong sense of urgency delivered the results I expected, and in a timeline that was reasonable. I highly recommend others choose Dan as their legal representative in matters related to employment law.
View on GoogleGet to Know Dan A. Atkerson A Leading North Texas Workplace Discrimination and Employment Lawyer Since 1984
Verdicts & Settlements Actual Case Results for Employment Law Clients Over the Years
In his decades of legal practice, Mr. Atkerson has negotiated fair pre-trial settlements and secured significant verdicts in jury trials. These are just a few case results for Dallas-Fort Worth clients.
- $165,000 – Breach of a severance agreement by an employer
- $150,000 – Retaliation/termination of manager for objecting to illegal acts
- $86,000 – Retaliation/termination of an employee for making workplace safety complaints
- $67,000 – Termination of an older employee while they were on FMLA leave
- $60,000 – Termination of an employee with cancer who requested to work from home
Contact a Proven Employee Advocate Dan A. Atkerson Is Ready to Help Dallas Workers with Their Retaliation Claims
Do you sense your bosses have targeted you for speaking out, taking time off, or asking for reasonable accommodations? You may have a work retaliation lawsuit worth pursuing. The Law Offices of Dan A. Atkerson can assess what occurred and let you know what steps to take next.
To speak with a proven legal professional about what happened to you at work, contact our North Texas law office. We’re ready to listen to you and fight for you.
(214) 383-3606
Insightful Legal Counsel A Former Client Shares His Experience with Attorney Dan A. Atkerson
"Dan is incredibly knowledgable and understands employment law at a state, federal, and local level and how that impacts the potential outcomes of lawsuits and claims against employers. Well spoken, insightful, friendly, and sincerely willing to help" Christian Allen
How to Strengthen Your Retaliation Claim Steps You Can Take to Add Greater Legitimacy Your Complaint
Document the Incident or Incidents in Detail
Look for Any Documentation on Your Job Performance
You employer may try to claim that they took actions against you due to poor job performance or absenteeism. You can dispute this with evidence. Look for your past performance reviews, records on your sick days and vacation time, and any emails or messages that reflect positively on your work and contributions to the company.
Make Copies of Any Related Correspondence
Make copies of any messages or emails relevant to the incidents of retaliation or your formal complaints to the EEOC or TWC. This can also include messages from co-workers who witnessed what happened and any kind of correspondence with your supervisor or an HR representative that is relevant.
Retaliation for Reporting Discrimination
If you experience or witness any kind of discrimination at work, it's common practice to report what happened to your supervisor or a human resources representative. Unfortunately, your boss and HR may not be on your side. Instead, they may simply absorb your complaints without acting, allowing the toxic company culture to continue.
When employers retaliate against those who report discrimination, they are essentially trying to silence all complaints about protecting co-workers from harassment, slurs, and bigotry.
Dan A. Atkerson can consider claims of discrimination as part of the evidence in your workplace retaliation case.
Retaliation for Reporting Sexual Harassment
Sexual harassment can take different forms at work, including inappropriate comments, unwanted advances, and even quid pro quo propositions. When sexual harassment claims go unheard or are not taken seriously within a company, it allows dangerous power imbalances to remain and keeps abusive and exploitative people in power.
Retaliation for reporting harassment creates a culture of intimidation and silence that disproportionately affects women. This can also feed into gender discrimination at work, such as a gender pay gap and limited opportunities for advancement.
Our Dallas workplace retaliation lawyer will make sure your harassment complaints are heard as part of your retaliation lawsuit.
Retaliation for Taking a Leave of Absence
Medical conditions and unforeseen accidents can change your life and the lives of your loved ones. The Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid leave to address your own health needs or to look after a loved one. Employers may also have their own policies regarding leave in other circumstances.
When companies retaliate against people for taking medical leave under the FMLA, they are infringing on your protections under federal law to take this time off.
Dan A. Atkerson can review your FMLA claim or other needs for leave and hold your company accountable for their acts of retaliation.
Retaliation for Whistleblowing
Whistleblowers play a crucial role in exposing companies that commit fraud, corruption, waste, and other illegal activities. When government oversight agencies fail, a citizen can help bring about change through this protected activity.
Companies retaliate against whistleblowers in order to keep their illegal actions secret. As with the other forms of retaliation we've noted, these companies hope to make an example out of someone to discourage others from speaking out about what happened.
Dan A. Atkerson can help whistleblowers amplify their voices and hold their employers accountable for trying to force someone into obedient silence.
Set Up an Initial Consultation Today Even the Odds by Getting a North Texas Retaliation Attorney on Your Side
Retaliatory acts at work can take many forms, from gossip and harassment to wrongful termination. Attorney Dan A. Atkerson can give you his informed opinion about your situation and let you know if you have a workplace retaliation lawsuit worth pursuing. He's helped many workers in Dallas, Plano, and Arlington over the years. Let him help you.
To set up an initial consultation with a skilled retaliation lawyer in the Dallas-Fort Worth metroplex, contact our law firm today.
(214) 383-3606
Fighting for Victims of Employer Retaliation Dallas-Fort Worth Workers Can Trust the Efforts of Dan A. Atkerson and His Team
I would recommend Mr.Atkerson to anyone who is looking for an employment lawyer. I talked to him over the phone regarding an issue I had and he sent prompt responses via e-mail. I’m very satisfied with the result I got and will not forget his compassion throughout the entire process!
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Dan is definitely one of kind of attorney ! Extremely talented, and absolutely a type of lawyer that you can definitely trust. Thank you Dan for your support even though you already knew that you would not be profiting of my case, you continued providing me guidance , several advices, solutions and definitely eased my mind. Thank you Dan, you were very instrumental on my case!
View on GoogleWorkplace Retaliation FAQ
Can an employer retaliate against me if I was a witness in someone else's harassment or discrimination complaint?
Yes, potentially. This is another way that some companies try to make an example of someone who spoke out. In addition to targeting the person who made a complaint, they could also retaliate against a co-worker who supports the initial claims. You can also file a retaliation lawsuit for this.
My job just changed their dress code and grooming standards. Could this be a form of retaliation?
Yes, especially if it targets religious head coverings or any hairstyles associated with a person's racial background, culture, or religious beliefs. If these changes in the company's dress code occurred after someone requested a reasonable accommodation or reported discrimination, it's worth discussing formal complaints and legal action with our Dallas workplace retaliation lawyer.
Can independent contractors be victims of retaliation?
While retaliation often targets full-time employees, contract workers can also be the targets of workplace retaliation. This can take the form of wrongful termination, changes in pay or hours, or reduced communication and involvement in various projects.
What are examples of retaliation against remote workers/people who work from home?
Remote workers can face the same adverse treatment as those who are in the office. That includes denying a promotion or raise, intimidating or ostracizing the remote employee, or giving poor performance reviews without cause. In some case, mandating that the remote worker come into the office a certain number of days a week could also be considered retaliation depending on the circumstances.
Ready to Fight for You Another Past Client Shares Her Experience with Attorney Dan A. Atkerson
"Be sure to hire Dan Atkerson to handle your case. He is brilliantly strategic, listens impeccably, is swift, and will keep you well informed. Dan will guide you through legal complexities in a manner that yields the most favorable outcomes. I trust him with my eyes closed because of his competence, engagement, and CARE." Shasta Foy