REPRESENTING EMPLOYEES FOR OVER 25 YEARS
Fair Employment Legal Services, S.C.
Attorney John D. Uelmen
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REPRESENTING EMPLOYEES FOR OVER 25 YEARS Fair Employment Legal Services, S.C. Attorney John D. Uelmen
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RETALIATION CASES Most federal and state laws which regulate employment practices also contain a provision that makes it illegal to retaliate against an employee for opposing an illegal practice, filing a complaint, or testifying or otherwise participating in an investigation into an illegal employment practice. In most cases, to pursue a retaliation case, the employee does not have to prove that the particular employment practice about which he or she complained was actually illegal, but merely that there was a good faith belief that the practice was illegal. Examples of conduct which is protected under these statutes would be making a sexual harassment complaint, filing a wage claim, requesting family or medical leave, testifying in a discrimination case, complaining about failure to pay overtime, and contacting a federal or state agency about a particular employment practice. To establish a retaliation case, an employee must generally demonstrate that he engaged in protected conduct and there is a causal connection between the protected conduct and the employment action that was taken. The anti-retaliation provisions of most statutes prohibit any form of retaliatory conduct, including terminations, discharges, harassment, demotions, pay cuts, blacklisting, and other conduct that affect the terms and conditions of the employment relationship. |
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