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Workplace Retaliation Law

When an employee is feeling workplace retaliation for actions that were not their own then questions may arise. When an employee speaks out against their employer for various reasons then the employee may face retaliation in the workplace from one or more superiors. Workplace harassment may happen over a period of time if the employer is not reported for workplace retaliation. Read below where the Experts have answered many questions about workplace retaliation.

If a person is put on a performance improvement plan before their probation time was up; can the employee prove workplace retaliation?

When an employer puts an employee on a performance improvement plan and the employee feels it is workplace retaliation or discrimination, it may be difficult to prove. If there are other employees that are the same age/sex/race as the complaining, then there may be circumstantial evidence of discrimination or workplace retaliation. The employee can file a complaint with the state commission on human/civil rights and Equal Employment Opportunity Commission (EEOC). They will then investigate the matter further.

Can an employee file discrimination against an employer if the employee was fired in the state of Missouri after proving the manager wrong?

The state of Missouri is a "at will" employment state. This means they do not have to have a reason to fire, demote, lower pay, ect. This is unless the employer breaks the law by firing for race/age/sex; there isn't typically a case for workplace retaliation or discrimination.

How can an employee protect themselves from workplace retaliation after they turn in a superior for Medicare fraud if the employee only went to their superiors instead of an outside agency and the employee works in a “at will” work state?

An employee that works in an “at will” work state can be fired for any reason or no reason at all unless the firing is associated with discrimination. The employee would be protected under the whistle blower statute if he/she went to an outside source to report the fraud, but if they only went to their superiors, then they could handle it any way they see fit internally which could include firing the employee.

What is the law in New Jersey against workplace retaliation?

New Jersey law is an anti discrimination law. Discrimination against an employee for race/age/sex is illegal under this law. If an employee sees fit to file a complaint they may do so at www.eeoc.gov.

Dose an employee in the state of Michigan, who has taken time off under Family Medical Leave Act (FMLA); need to worry about losing their position in the company?

In the state of Michigan, if an employee has taken a certain amount of time off then they are protected under the FMLA, if the employee needs more time off then the employer can either negotiate this with the employee or choose to terminate their employment at that time and the employee would not be protected against this act under FMLA.

Many states protect employees from workplace retaliation as long as the employee that is experiencing the retaliation harassment is able to prove, even circumstantially, a type of workplace retaliation. Although workplace retaliation is hard on the employee, certain rights and workplace retaliation laws are in place to help the employee suffering from such actions protect themselves and their jobs. If an employee finds themselves faced with the situation of workplace retaliation, then they need to file a complaint with the proper authorities. Sometimes an employee may not know where to turn to ask the questions that may arise if he/she feels that they have suffered from workplace retaliation or harassment retaliation in the workplace. The Experts are a fast affordable way to clarify the signs of workplace retaliation.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
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    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Retaliation Questions

  • HI I received a letter a couple days ago about a non compete after opening up my new busi

    HI I received a letter a couple days ago about a non compete after opening up my new business and want to ask some questions...
  • i was employed for twenty one years, i am 62 years old. Last

    i was employed for twenty one years, i am 62 years old. Last year i had two primary cancers uterine and breast continue working through radiation a position came up for restorative nurse monday through friday the director of nursing waved her hand up and down in front of me and said you don't need this it will be too much (mean while i have been working double shifts every weekend ) i don't see how she decided it would be , i was told by other nurses she already promised position to another nurse she posted the job because its policy, i just let it go. about 6 months later position was posted for staffing i applied for position, she call me interview and i was given the job, i was oriented 5 1/2 days, i wasn't shown half the stuff i needed to know, she would find things just about every day to harrassed me about i found myself calling human resources at corporate, they would give me suggestions how to handle her, as the months were going by i had to check over time reports sheets she wanted me to write up cna and not nurses i said something to adon regarding it because one nurse was making twenty hours over time every two weeks; she wasn't ask to come in for extra shifts, the one day i brought the over time report to administrator he had his interm sitting in room and i place paper on his desk and i told him if he look at report he would know where all the over time is going he pick up paper and rip it in front of my face i was so humilitated i just walk out of room i call corporate i also wrote a letter in detail in how these were handling faciity and sent it to corporate and owner. They had a new nurse from corporate to come in and talk to me she said she investigated it and no merrits to my complaint , which i found amusing because the only three people she spoke to was the administrator DON and the intern. I have a lawyer who has been trying to get a modification on my house i spoke to him about sent the letter i sent to corporate and he told he would write a standard letter I was concern because I felt these people couldn't be trusted and this so call investigation took over a month The administrator said he had no recall of that happening, now all the time i have worked for this facility i never had to call corporate and the time she felt i wasn't doing things right i ask for more orientation and wasn't given it. normally i nurse is not working out in these positions they place them back on floor i wasn't given that option I was fired here i was in a whole from both cancers and trying to get my house back on track and I find myself humiliated once again by being walk out of the building this happen in October here it is December and no job yet of course it took me three weeks to get over the fact i work for them twenty one years
  • I have a telephone hearing set for tomorrow AM with a judge

    I have a telephone hearing set for tomorrow AM with a judge who will be hearing my case regarding an appeal I made after I was denied benefits for unemployment. Basically I was fired from Scottsdale Healthcare Shea hospital after being a dedicated, honest and well reputable employee for this company for 7+ years. I appealed my dismissal and after it taking a month to determine if I won my appeal I was notified my termination was withheld but they did make the decision for me to be eligible for rehire. Originally, I wasn't eligible for rehire as any terminated employee was not elig for rehire per policy. I had worked for Scottsdale Healthcare Osborn for 5 years and was never placed on any corrective action or disciplinary actions in all 5 years there but when I chose to take a promotion at our other hospital in Dec 2012, I was placed on corrective action and remained on it for almost a total of 2 years. Never receiving any of my raises I was given following 2 annual reviews either. I was on corrective action for tardies. These tardies keep in mind were 5 minutes and under. Regardless, I know 1 min is tardy and I did everything in my power to correct these. I was placed on a formal in January 2014. I was told my supervisor he would life this if I was in good standing come July. July came around and he reached out to HR letting them know he feels I am due to release from correction action as my actions had improved. They denied his request stating they would like to keep this in effect until 1 year... So 2 months from it being 1 year, I violated a company rule which led to my termination. I was let go for "misuse of company time" after I had a severely rough morning with my 4 year old child.. She attends the preschool ON CAMPUS at the hospital... This particular morning there was situation that happened at home that caused her to be extremely upset and totally bent out of shape. The entire drive to work 35 minutes, she cried hysterically, begging me to stay home from school today... I explained this was not an option and she had to calm down prior to arriving. She was unable to and the best thing that came to mind was telling her that I would let her ride with me via our campus shuttle to school today.. I had arrived to my office with her and clocked in before calling the campus shuttle to pick us up. We rode together via shuttle over to her preschool that was located at the opposite end of our campus but never left campus grounds keep in mind. I dropped her and drove immediately back with the shuttle driver. I never ate breakfast this day, not even lunch due to the 10 min I was gone before starting to begin my day..... I had prior discussions with my supervisor on the occasion I would pick up my daughter from the same preschool and bring her back to eat lunch together before bringing her back via shuttle before my lunch break would end. These past discussions with him he told me I wouldn't have to clock out because it was on campus and we weren't eating off campus. I at no point even thought I was violating any policy. I worked with this company long enough to know what violations would be grounds for termination. Oh and I would like to add that just a month prior to being terminated I was honored the highest productivity in the entire department. I was the top employee for over a year in productivity. He also made note in this review that I was receiving the highest point avg. that he'd ever given any other employee who had been on corrective action at the time of review. He noted that I had improved my tardy's and that I was an exceptional employee. Well I was let go after they were informed that I had got to work with my child on this day and left to drop her at preschool which violated the policy-"misuse of company time" They totally disregarded my personal situation and what I thought was best for my daughters emotional state. I have gone through hell and back with the hospital after my termination to find out the actual reason I was let go. I was told it was for attendance and my prior tardiness that was the final reason but my dismissal paperwork all stated "misuse of company time." My last discussion with HR director after I called to ask him if I was fired for any kind or sort of misconduct, letting him know I received a denial for unemployment benefits. He responded, "no, not at all any kind of misconduct. You were let go for violation of a company rule. And sometimes unemployment will make exceptions for attendance related issues." We hung up and I was still left confused, was it for attendance or leaving work to drop off daughter?" So, I emailed the SR HR rep and asked flat out. They responded I was let go for "misuse of company time" and that I had prior warnings of attendance. Basically, all I want to know is if I have any chance on winning this appeal and if you can provide any help with preparing for this hearing.
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