Retaliation

Not only are your rights in the workplace protected, but so are your rights to stand up against wrongdoing. Your employer cannot retaliate against you for doing so.

Johnson & Bennett advocates for workers to enjoy a discrimination-free job and upholds employers’ obligations to pay fair hard-earned wages. Our lawyers have a history of high-figure recoveries for employees who suffered adverse consequences for their courage in stepping forward. *

You too can feel confident in doing the right thing. Our law firm stands by you to hold your employer accountable for retaliation and for the underlying wrongdoing you had the bravery to address.

Prohibited Retaliatory Acts

The laws that forbid discrimination, harassment, wage-theft and equal pay also contain provisions that protect whistleblowers. You are, thus, legally protected for helping to uphold these important regulations.

Your employer is prohibited from firing, demoting, harassing or taking any other adverse action in retaliation because you:

  • Reported discrimination, harassment or wage theft
  • Opposed the unlawful actions of coworkers or supervisors
  • Notified law enforcement about your employer’s criminal activity
  • Filed a charge of discrimination
  • Participated in an EEOC investigation or proceeding
  • Assisted law enforcement or a government agency

Elements of a Retaliation Claim

To prevail, you must prove each element of retaliation, including:

  • You are a covered individual, meaning a person who has opposed an unlawful practice, filed a complaint, assisted with an investigation or requested reasonable accommodations.
  • Your employer, a recruiting agency, an employment service or a labor organization took adverse action against you, such as cutting your hours, assigning undesirable shifts, firing you or refusing to hire you.
  • The adverse action was in response to your protected activity.

Your employer is not prohibited from firing or reprimanding you for not performing your job just because you filed a complaint prior. However, employers often use this defense to justify its unlawful retaliation. Our lawyers counter this common tactic with evidence of your good performance reviews, positive feedback, statistical results and work history.

Recovery for Retaliation

Every case is different and damages depend upon the facts of your claim, but we may pursue these remedies:

  • Past lost wages and benefits
  • Anticipated future earnings
  • Lawyers’ fees and expenses
  • Liquidated damages
  • Job reinstatement
  • Other appropriate remedies

Demand Justice After Your Employer Retaliated Against You

You have the right to speak out against wrongdoing in the workplace, without facing retaliation. Johnson & Bennett pursues your rightful remedy if your employer retaliated against you. Your case evaluation is free.  We represent most clients on contingency, meaning you pay no attorneys’ fees until we recover monetary damages.  Some claims involve recovery of equitable or non-monetary relief, such as reinstatement, a promotion, or similar type of recovery.  These claims are handled on a hourly basis.  We always return your call within 12 hours to provide you with efficient, effective representation.

*Disclaimer: Results are not typical.

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1331 Union Avenue, Ste. 1226
Memphis, TN 38104

901-402-6601

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