Author:
Kimberly J. Benjamin, Founder & Managing Attorney
October 30. 2021.
A Retaliation Lawyer Can Fight for Your Rights
Workplace retaliation occurs when an employer or union takes adverse financial or employment-related actions against protected employees engaged in certain activities. If this has happened to you, an employment lawyer may be able to help you through this difficult and confusing situation.
Due to equal employment opportunities, employment cannot be denied to anyone due to their association with a protected category, including age, disability, or sexual orientation. It is likewise illegal for a current employer to retaliate on behalf of one of your previous workplaces.
Since retaliation laws are complex, and the ramifications of being on the receiving end of discrimination or harassment can have long-reaching consequences, it is wise to retain a retaliation lawyer as soon as you feel you might have a case.
Hiring Retaliation Lawyers
Federal law also provides protection against retaliation since it is one of the most frequently alleged bases of discrimination in the federal government sector. Asserting the rights of individual employees to be free from employment discrimination is called protected activity, and it can take many forms.
According to the federal agency of the Equal Employment Opportunity Commission (EEOC), federal employees are protected by the false claims act, and retaliation lawyers are often retained to prohibit employers from engaging in illegal conduct toward their employees.
However, if a federal employee is facing employer retaliation, workplace discrimination or harassment, or wrongful termination, taking action is not as easy as filing a lawsuit against a responsible employer. There are certain steps that have to be taken with the Equal Employment Opportunity Commission, such as filing an informal and formal complaint. The EEOC can review the information and decide whether conducting an investigation is necessary.
Retaliating against employees for filing discrimination charges or participating in activities opposing workplace discrimination is unlawful. Retaliation cases are often very complex, so you must speak with experienced unlawful retaliation attorneys in Missouri as quickly as you can.
Kansas City Retaliation & Wrongful Termination Attorney
Retaining the services of a Kansas City retaliation & wrongful termination attorney is vital when you face materially adverse employment actions. Adverse actions might be:
- Demotion
- Denying an employee’s disability
- Denying a workers’ compensation claim
- Discharge or wrongful termination
- Increased workload
- Lack of overtime pay
- Loss of material benefits
- Loss of seniority or a return to minimum wage
- Significantly reduced job responsibilities
- Unpaid wages
Although other actions may constitute retaliation, such as harassment or otherwise discrimination, the above are most financially adverse.
Hiring Top Retaliation Lawyers in Kansas City, Missouri
You want top retaliation lawyers in Kansas City when dealing with sensitive work issues, as they are very stressful and may follow you throughout the rest of your life. The right legal advisor will help you complete the following protected steps:
- Cooperating with the internal alleged discriminatory investigation
- Filing discrimination charges
- Filing workers’ compensation claims
- Serving as a witness
Under Missouri law, these activities are considered protected and should be free from adverse and discriminatory actions.
How to Choose the Best Retaliation Lawyer
If you are wondering how to choose the best retaliation lawyer, you should seek an experienced employment attorney with experience reporting discrimination. Based on Missouri labor laws, an employee may file a claim if they believe they have been retaliated against for making complaints of discrimination, protesting against general discrimination, expressing support, testifying, or assisting in an investigation.
Rather than providing evidence that illegal activities are occurring, they must merely prove that they reported it in good faith and that retaliation occurred. A reputable law firm may be able to advocate for you and your co-workers.
Best Way to Find an Attorney for Workplace Retaliation
The best way to find an attorney for workplace retaliation is to do your due diligence in the process of comparing law firms. They should be familiar with federal and state laws regarding employment retaliation with a strong base in Civil Rights Act litigation. They must determine that the actions were caused by the opposition or whistle-blowing rather than merely circumstantial.
To establish a causal rather than indirect connection, the employee must prove that their employer was aware of their activities when they took actions that adversely affected their employment. With complex issues often disputed, employees must hire the right employment attorneys to represent their case.
Why You Should Hire a Retaliation Lawyer in Kansas City
There are many potential reasons why you should hire retaliation lawyers in Kansas City, including opposing an activity that you believe is occurring in the workplace. According to the Civil Rights Act, federal and state laws protect employees from various discrimination or retaliation claims. These may include:
- Age discrimination
- Complaining to one’s employer about alleged harassment against oneself or a co-worker
- Employee’s disability
- Filing a workers’ compensation claim
- Gender discrimination
- Informing of an injury that occurred on the job
- Lawfully protesting discrimination
- Requesting reasonable accommodations for disability or religion
- Safety violations in the workplace
- Sex discrimination, sexual harassment, or sexual orientation
- Threatening to file discrimination charges
Several activities are not protected against direct opposition. These include any generally illegal actions, threats of violence, or any endeavors that interfere in a co-worker’s ability to perform duties on his or her job.
Should You Hire a Retaliation Lawyer?
With the additional cost, hassle, and further potential revenge efforts, you might be wondering whether you should hire a retaliation lawyer.
When dealing with an abuser’s retaliation, you need to realize that there are many things they can attempt to do to harm the whistle-blower. These may include vandalizing personal property, harassing loved ones, injuring pets, and making things difficult in the workplace.
What Kind of Attorney Do You Need for Retaliation?
With so many options, you likely wonder what kind of attorney you need for retaliation claims. Generally, you should hire a counselor from a law firm who specializes or has practice areas in Civil Rights. Based on Missouri law, Section 213.070.2 RSMo, it is unlawful to discriminate or retaliate against another person because they filed a complaint, assisted, testified, or participated in an investigation or hearing.
Since Missouri courts have interpreted this in various ways, you should obtain legal advice from an employment lawyer when you are responding to retaliation by way of wrongful termination. They have experience in state and federal law to help you prove retaliation or workplace discrimination.
What Type of Lawyer Handles Discrimination Cases?
What type of lawyer handles discrimination cases? Civil Rights attorneys are most likely to take an employment discrimination lawsuit to the civil courts. The allegedly offended party is referred to as the plaintiff and must prove that said discrimination occurred in the workplace.
Although many employees, with the assistance of their human resources advocate, may attempt to bring the discrimination or retaliation lawsuit without professional legal representation, they are often unaware of how complex these matters can be. Many businesses retain the services of a full-time workplace retaliation lawyer, but hiring a personal, professional lawyer experienced in the various labor laws, state law, and relevant government agencies to bring the legal action is generally preferred.
Best Time to File Retaliation Claim Through an Attorney
The best time to file a retaliation claim through an attorney is anytime you feel that you are being illegally targeted in the workplace and wish to seek justice through the legal process. You should immediately consult an employment lawyer well-versed in state laws to help you file a formal complaint. This ensures you are documenting all the evidence correctly to better your chance of receiving a favorable outcome in your retaliation case.
Contact the Missouri DWI & Criminal Law Center for a free consultation regarding any discrimination claims. Developing a robust attorney-client relationship with a workplace retaliation lawyer familiar with employment law, as well as state and federal law, can help you tell your story and thereby receive fair compensation for lost wages at the legal proceeding.
