As the name indicates, a retaliatory discharge is termination of the employee from the job in retaliation of charges or claims that an employee has made against their employer. Let’s say an employee has reported illegal or fraudulent financial transactions that are produced by manipulation of the books of accounts and through creation of anonymous accounts. Employer terminating the employee thereafter, giving any random excuse are considered to be the victim of retaliatory discharge.
Retaliatory discharge could be given for carrying out any of the following protected activities. However, it is important to note that these all come under the legally protected activity and therefore an employee is not liable for termination for engaging with any of them.
– Reporting workplace harassment
– Reporting discrimination (whistleblower cases)
– Refusing to engage in any illegal activity or discriminatory behavior
– Not agreeing with the management for firing a subordinate without any valid reason
– Serving in the armed forces reserves
– Requesting overtime pay or any other additional benefits
Retaliatory discharge from the employment for engaging in activities that are protected under the law isn’t just unfair, it’s also illegal. People who suspect that they may have been victim of a retaliatory discharge have a choice to consult a knowledgeable attorney. The lawyer can review the situation, determine whether or not the person has a case, and take steps to help the person cover damages for lost work.
There have been a few cases of employees who have been shown doors after being hurt on the job because they plan to file or have filed claims with the workers’ compensation commission. Such claims raise employers’ costs for workers compensation insurance. Employers who fire injured workers do so with the hope that those employees won’t file or will withdraw their claims.
Retaliation cases are generally due to any of the following factor:
– Personal tussle and ego clashes between supervisor & their subordinates
– Employer willing to save their finances by giving them away to the victim
– Reporting discrimination or harassment at workplace
– Whistleblowing of illegal activity that an employer is engaged with
Retaliatory Discharge lawyer Evanston, are one of the largest and most experienced employment law firms who have years of practical experience in handling retaliatory discharge cases. With a goal to support the truth and helping out employee who truly deserve to get compensation for emotional and financial suffering, and to make workplaces better places for employees.
Before fighting back with their employer it is important for the victim to consult a trustworthy lawyer as retaliatory discharge not only incurs them financial losses due to lack of employment but also causes dent in their reputation. Sometimes it also makes it all the more difficult for the employee to find their next job causing physical and emotional suffering due to unemployment.
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