RETALIATION

The law protects you from retaliation for complaining of unlawful discrimination or harassment. Even if you’re not terminated, the employer might retaliate against you by harassing you, transferring you to a less desirable position, or even demoting you. If you’re experiencing unfair retaliation, Rob can help. As an experienced employment lawyer, Rob represents Georgia employees that have been retaliated against by their employer.

Retaliation occurs when an employer refuses to hire you, fires you, cuts your pay, denies you a promotion, or harasses you because of something you did or said. If what you did or said was a legally-protected activity, you cannot be retaliated against.  

“Protected Activities” include: 

• Complaining  about unlawful discrimination;
• Participating in an employment discrimination proceeding (i.e. a lawsuit or investigation);
• Complaining about sexual harassment;
• Complaining about workplace safety issues covered by the Occupational Health and Safety Act (“OSHA”);
• Complaining about an employer’s failure to pay overtime;
• Refusing to engage in an illegal act;
• Requesting a reasonable accommodation for your disability;
• Requesting or taking leave under the Family and Medical Leave Act;
• Filing a workers’ compensation claim;      
• Reporting nursing home abuse;
• Reporting medicare fraud;
• Reporting a publicly-traded company for conduct that violates federal law relating to financial, securities or shareholder fraud;
• Discussing wages or other workplace concerns with your coworkers;
• Being a member of the military or having to leave work to report for duty;
• If you’re a public employee, speaking out on a matter of public concern; or
• Reporting a violation of law committed by a government employer or another public employee.

Examples of actions that would not be protected include:

• General complaints about favoritism or “nitpicking”;
• Complaints that your supervisor “does not like you;”
• Complaints that a demotion or termination wasn’t fair, or that it didn’t comply with company policies;
• Complaints about personality conflicts; or 
• Starting fights or causing disruptions in the workplace.

If you are a victim of retaliation, Rob can help:

• Make it Stop.  If Rob is retained early enough, he can sometimes help you convince your employer to intervene on your behalf. The individual responsible for the retaliation may be fired or relocated, or if you desire, you may be moved to a different location. Rob can help you avoid further retaliation.
• Negotiate an Exit.  In some cases, our clients simply want to get out. Rob can help you negotiate an exit package that preserves your reputation, your access to unemployment benefits, and your ability to get a new job.
  
• Retaliation Lawsuits.  If your employer is unwilling to negotiate an out-of-court resolution, a lawsuit may be in order. Rob fights against retaliation in court, in arbitrations, and in front of the EEOC.