Find Out About Employment Law & Retaliatory Discharge
Have you been fired because you refused to participate in illegal or discriminatory behavior? You shouldn’t be punished for having a strong moral compass. At Brunton Law Office, we take on cases protecting those that have been fired as retaliation for something in the workplace. Retaliatory discharge situations can involve a variety of scenarios where an employee is terminated because of something legal they did or something illegal that they refused to do. If you’ve been fired as retaliation, Brunton Law may be able to help you – contact our staff for a fair evaluation of your legal claims.
What is Retaliatory Discharge?
The term retaliatory discharge refers to a scenario where an employer terminates an employee due to complaints about illegal or improper conduct inside of the workplace. The conduct in question must fall under protected activities, which may vary by state. However, generally, there are two forms of protected activities that may prompt a retaliatory discharge claim. One protected activity is the disagreement with discriminatory or illegal activities being taken by the employer. In this instance, the employee must have a reasonable belief that what they’re being asked to do is unlawful or discriminatory. Additionally, an employer cannot retaliate against an employee that participates in a hearing or investigation regarding this illegal conduct.
Examples of protected activities include:
• Asking about salary information/discriminatory wages
• Requesting accommodations for disabilities or religious practices/beliefs
• Resisting or reporting sexual harassment in the workplace
• Refusing to take discriminatory actions directed by the employer
• Answering questions as part of an investigation into the employer
• Reporting employment discrimination to superiors
• Acting as a witness for an EEO complaint, investigation or lawsuit
Proving Retaliatory Discharge
Providing evidence that proves you were terminated as retaliation may be difficult to come by. However, if you think you may be fired in retaliation to a protected activity, it’s in your best interest to document and record everything that you can. There are two types of evidence that may prove your case, and the resolution of your case will depend on the strength of that evidence. Direct evidence is something, verbal or written, that directly connects your superiors to your firing. Circumstantial evidence are actions taken by the employer prior to and following the firing that allude to retaliation.
Want more info? Read more here, or contact Brunton Law for more details on proving retaliatory discharge.
Based in Collinsville, IL, Brunton Law Offices serves the legal needs of the entire St. Louis Metropolitan Area.
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Brunton Law Offices features Michael Brunton & Mary Stewart; two qualified and accomplished attorneys that provide legal assistance for worker’s comp claims, personal injury law, employment law and other matters in Collinsville, IL and throughout the St. Louis Metropolitan Area.