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Build a strong employment retaliation claim

On Behalf of | Aug 6, 2019 | Employment Law |

When there is animosity in the workplace, it can create an uncomfortable environment. Thankfully, there are measures in place to address such situations.

If an employer chooses to react negatively to an employee shedding light on improper practices within the organization, it may be possible to file an employment retaliation claim. There are a few things to consider to build a strong case.

Types of retaliation

Identifying the type of retaliation can help build a solid foundation. While termination is a well-known form of retaliation, there are other types as well, including: 

  • Increasing the employee’s workload unnecessarily
  • Demotion
  • Greater chastisement or punishment for the same acts as other employees

While these are a few of the more common forms of retaliation, they are not all-inclusive. In some cases, retaliation may come in the form of verbal or physical abuse.

Keep records

Evidence is key in any case, and it is especially beneficial to silencing any rebuttals. As soon as an employee believes he or she faces retaliation, the employee should begin to keep a record of such incidents. If there is a protocol for documentation within the office, it is important to know and follow it. Many companies prefer to handle such incidents internally, if possible, so starting with the company reporting process may be beneficial.

Prove the connection

If the company fails to act on retaliation claims, it may be necessary to file a claim. One of the critical aspects of the claim process is proving the link between the retaliation and the employee being branded a whistleblower. The claimant should prepare for the employer’s attempt to defend, deny or diminish the retaliation methods the party claims.

Though a claim cannot completely right the wrongs of retaliation, it can aid in smoothing things over moving forward. Take time to consider how an employment retaliation claim can benefit your situation.

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