We defend against costly retaliation complaints
At Midwest Legal Partners, PLLC, we understand that when an employee files a retaliation claim, an employer may be liable for paying back pay, damages for pain and suffering, punitive damages, and attorney fees.
Many employers do not know they are violating the law until it is too late and they are faced with litigation.
We advise and counsel our clients to avoid costly retaliation claims but when they do arise, we respond immediately and defend our clients' interests.
Many employers do not know they are violating the law until it is too late and they are faced with litigation.
We advise and counsel our clients to avoid costly retaliation claims but when they do arise, we respond immediately and defend our clients' interests.
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Retaliation in the Workplace
At Midwest Legal Partners, we understand the thorough employee training, policies, and procedures can prevent costly and damaging employment lawsuits. Employers can be liable for retaliation for taking any adverse action against an employee for filing a complaint or supporting another employee’s complaint under a variety of state and federal laws. For example, if a female employee alleges that she was harassed and then is later punished (i.e., written up, demoted, terminated, etc.) for making such a complaint, her employer could be liable for retaliation. Recent retaliation case law has expanded the retaliation protection employees have against their employers' actions. Without a well-trained and experienced HR staff or in-house employment law counsel, employers may run the risk of violating important employment laws, including the following: Title VII of the Civil Rights Act of 1964 The Family and Medical Leave Act (FMLA) The Equal Pay Act of 1963 (EPA) Employee Retirement Income Security Act (ERISA) Title I of the Americans with Disabilities Act of 1990 (ADA) Employee Retirement Income Security Act (ERISA) The Age Discrimination in Employment Act of 1967 (ADEA) Occupational Safety and Health Administration Act (OSHA) The Pregnancy Discrimination Act Sections 501 and 505 of the Rehabilitation Act of 1963 The Genetic Information Nondiscrimination Act of 2008 (GINA) Fair Labor Standards Act (FLSA) |
Title VII
Title VII of the Civil Rights Act of 1964 provides that “[i]t shall be an unlawful employment practice for an employer to discriminate against any of his employees … because he has made a charge” under Title VII. 42 U.S.C. §2000e-3(a). Title VII allows “a person claiming to be aggrieved” to file a charge with the EEOC alleging that the employer committed an unlawful employment practice, and, if the EEOC declines to sue the employer, it permits a civil action to “be brought … by the person claiming to be aggrieved … by the alleged unlawful employment practice.” §2000e-5(b), (f)(1). |
Important Questions to Consider:
1. Does your business have an experienced, trained, and skilled HR department? 2. Does your business have an employee handbook? If so, has it been reviewed or updated recently? 3. Does your business have specific policies and procedures in place to address workplace issues? 4. Does your business have periodic employment law training sessions? 5. Does your business wait to contact an attorney only if a lawsuit has been filed against it? 6. Has your business faced (and/or continues to face) damaging employment lawsuit(s)? 7. Do you or your business' managers know what discrimination, harassment, and other legally defined terms really mean? 8. Do you have employment agreements in place? If so, who drafts them? 9. What does your business do when it is faced with a workplace issue? 10. Does your business stay informed of changes in state and federal employment laws? 11. Who answers employment law questions within your business when they arise? Did any of the questions above make you pause and think? Contact us to discuss these questions in detail and possibly design an action plan. |