Employment Law

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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.
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