Have you ever experienced retaliation at work after raising concerns about illegal activities or discrimination? You’re not alone, and it’s crucial to know your rights as an employee. At Holman Schiavone, LLC, we’ll guide you through understanding employer retaliation, recognizing its signs, and taking the necessary steps to protect yourself. At Holman Schiavone Law, LLC, a Kansas City law firm, we are committed to fighting for employee rights in retaliation cases, with the help of a Kansas City retaliation lawyer.
Our retaliation lawyers exclusively represent employees in Kansas and Missouri employee rights cases. Retaliation claims are based on any adverse action that your employer takes against you because you complained about harassment, discrimination, a health and safety violation, a wage and hour violation, or some other violation of workplace law.
Employment laws also protect you if you are a participant in an investigation of any workplace law violations. Your employer cannot punish you for stating a government agency that is looking into another employee’s discrimination claim or a general workplace safety problem. Call us at 816-399-5149 for a free consultation. Let us stand up for your rights and guide you through the legal process.
Understanding Employer Retaliation in Kansas City
Employer retaliation occurs when an action is taken against an employee who has exercised their rights by employment laws, such as filing a workers’ compensation claim retaliation. Retaliation in the workplace is any adverse action taken by an employer against an employee due to the employee having complained about:
- Health and safety violations
- FMLA mistreatment
- Other violations of workplace law
Employees in Kansas City possess numerous workplace protections under both state and federal law.
Wrongful termination based on race, age, gender, disability, religion, national origin, or another protected status is a form of workplace retaliation. Securing experienced legal counsel from Holman Schiavone Law, LLC is a crucial step in protecting one’s rights and holding the former employer accountable for their illicit actions.
What Is an Adverse Action?
The definition of “adverse action” can be comprehensive. The most common complaints deal with demotion, discipline, firing, salary reduction, negative evaluation, or changes in job assignment. It can also include hostility toward you by your employer. Potential liability for retaliation is similarly broad. Even if you are not in a class normally protected by discrimination statutes or a victim of the original behavior that led to the complaint, “whistleblower” laws legally protect you from retaliation. Even after you stop working for the employer in question, retaliation in the form of a negative job reference can still trigger your right to sue. It is important to contact hostile work environment lawyers from Holman Schiavone Law, LLC to learn your rights.
Employees, closely involved individuals, and those who have opposed an employer’s discrimination or filed a discrimination complaint are safeguarded from retaliation. Examples of activities that are protected by law against employer retaliation include:
- Reporting workplace discrimination
- Reporting OSHA violations
- Reporting wage and hour law violations
- Reporting safety hazards
State and Federal Laws Protecting Employees
State and federal laws regarding employer retaliation are designed to protect the rights of workers under employment law, specifically to:
- Report certain types of illegal or prohibited conduct
- Refuse orders to engage in such conduct
Retaliation against employees is prohibited by law for:
- Filing a discrimination claim
- Assisting another with a discrimination claim
- Requesting payment for overtime
- Taking leave as provided by the Family and Medical Leave Act (FMLA)
Under Kansas and Missouri state laws, a range of activities are protected from retaliation. These include:
- Having a workers’ compensation injury or claim
- Reporting illegal conduct in the workplace, such as a safety violation
- Refusing to perform an act that the employee believes is unlawful or unethical
An employee who has been unfairly dismissed by their employer due to the employer’s illegal actions may be able to take legal action. This is particularly so in cases where the termination was in retaliation for engaging in some form of legally protected activity.
Identifying Workplace Retaliation: Signs and Red Flags
Being able to identify the signs and red flags of workplace retaliation serves as a protective measure, keeping employees aware of their rights. Indicators of workplace retaliation may involve an employer taking adverse actions and an employee engaging in protected activities.
Employer retaliation may take the form of termination, demotion, suspension, or other disciplinary measures. If an employee wishes to file a complaint regarding discriminatory employment practices, it is recommended that they make their complaint in writing and retain a copy of the complaint.
Good Faith Complaints and Protected Activities
Certain activities are legally protected from employer retaliation in Kansas City, such as filing a complaint or participating in an investigation regarding workplace discrimination, harassment, or other unlawful practices. Asserting rights under employment laws, such as requesting reasonable accommodations for a disability or engaging in union activities, are also protected activities.
Common examples of good faith complaints that may lead to employer retaliation in Kansas include:
- Voicing complaints about discriminatory company policies
- Reporting sexual harassment
- Whistleblowing to a government agency
- Filing a complaint against employment discrimination based on race or national origin
Steps to Take if You’ve Suffered Retaliation in Kansas City
If retaliation is something you have experienced, certain steps should be taken to safeguard both yourself and your rights. Here are the recommended steps:
- Contact an experienced workplace retaliation attorney.
- Obtain complaint forms from the Kansas Human Rights Commission’s website at www.khrc.net or by contacting their complaint intake unit at 1-888-793-6874.
- To report a retaliation incident in Kansas City, contact a Kansas City Employment Retaliation Lawyer for assistance in filing a claim or lawsuit against the employer.
Engaging in the complaint process is safeguarded from retaliation in all cases. The advantages of obtaining legal representation from Holman Schiavone Law, LLC for a retaliation case in Kansas City include:
- Skillful representation by knowledgeable retaliation lawyers
- Assistance in understanding the legal process
- Increased prospects of a favorable outcome
- Access to professional advice and guidance
- Protection against potential retaliation
- Help in procuring evidence
- Assurance knowing you have a devoted advocate.
In cases of retaliation, documenting evidence is of utmost importance, as it can strengthen settlement negotiations or be used in court proceedings. It is essential to act quickly to secure evidence and safeguard your rights in cases of workplace retaliation.
Keep records of any communication, such as emails, text messages, and letters, related to the retaliation. Also, maintain a written log of events, including dates and details, to create a comprehensive timeline of the mistreatment. Document any instances of discrimination or harassment as well, as these can be invaluable evidence in a retaliation case.
To report retaliation, an employee should contact the Equal Employment Opportunity Commission (EEOC), Michigan Civil Rights Commission (MCHR), or Kentucky Human Rights Commission (KHRC). The KHRC (Kansas Human Rights Commission) manages retaliation complaints by conducting investigations, determining the validity, and forwarding the investigative results to the EEOC (Equal Employment Opportunity Commission).
Before filing a complaint, it is crucial to gather all necessary documentation, such as records of communication, written logs of events, and any other evidence related to the retaliation. Additionally, clearly understanding the applicable laws and regulations will help ensure a stronger case when reporting retaliation.
Seeking Legal Help
When confronted with workplace retaliation, seeking legal help can provide numerous benefits, including:
- Obtaining recompense for wages lost or emotional distress caused by the retaliation
- Seeking legal recompense for any unlawful retaliation the employer should have been aware of
- Furnishing employees with robust legal safeguards against retaliation from employers
Having legal counsel when addressing employer retaliation is beneficial because they:
- Are knowledgeable in relevant laws and regulations
- Can evaluate the merits of the case
- Can negotiate on one’s behalf
- Can represent them in legal proceedings
- Can safeguard against further retaliation.
How Holman Schiavone Law, LLC Can Help You Fight Retaliation
Holman Schiavone Law, LLC is a Kansas City-based law firm that focuses on advocating for employee rights. Our attorneys are dedicated to advocating for the rights of individuals who have experienced mistreatment from their employers, and we strive to secure compensation attainable for the losses they have endured.
With extensive experience in handling retaliation cases at both the EEOC and the Missouri Commission on Human Rights, including court proceedings, we are committed to ensuring that those who have suffered retaliation receive the justice they deserve.
Our Approach to Retaliation Cases
At Holman Schiavone Law, LLC, we utilize a distinct approach to addressing retaliation cases in Kansas City. We understand that each case is unique, and we tailor our approach to suit the specific needs and circumstances of our clients.
We offer a range of services to our clients, including:
- Assessing the likelihood of retaliation
- Procuring evidence
- Undertaking legal research
- Constructing a legal strategy
- Interrogating witnesses
- Negotiating or representing the client in court
Our goal is to provide clients with the highest level of representation while ensuring that their rights are protected and they receive the compensation they deserve.
Recovering Compensation for Retaliation Victims
Retaliation victims in Kansas City may be eligible for the following damages:
- Lost wages
- Emotional distress
- Punitive damages
- Attorneys’ fees
By enlisting the help of experienced Kansas City retaliation lawyers, you can help ensure that you receive the compensation you are entitled to.
The process of recovering compensation for victims of retaliation typically involves:
- Filing a lawsuit
- Requesting compensatory damages for any out-of-pocket expenses, lost wages, and lost benefits
- Potentially receiving emotional distress damages and attorney’s fees
Compensation can be recovered through either a settlement or a court case.
Contact Us to Seek Compensation for Workplace Retaliation
If you have experienced or anticipate potential retaliation, do not hesitate to contact our workplace retaliation lawyer at Holman Schiavone Law, LLC for a free consultation on your retaliation case. Our team of dedicated attorneys is committed to providing you with the experienced guidance and representation needed to protect your rights and secure the compensation you deserve.
We are assertive, and our Kansas City retaliation attorneys have experience with confronting employers of every size. If you have already suffered retaliation for asserting your employee rights or fear that you may become the target of retaliation, please contact our retaliation lawyers in Kansas City right away at 816-399-5149 or by email.
Frequently Asked Questions
Is retaliation illegal in Missouri?
It is illegal for employers to retaliate against employees in Missouri for opposing or reporting unlawful discrimination. Individuals are also protected from any retaliation if they file a charge of discrimination, participate in a discrimination proceeding, or oppose discrimination.
What is a retaliatory lawsuit?
A retaliatory lawsuit is a legal case taken against an employer for taking negative action against an employee due to their complaint of discrimination, harassment, or wage theft. It must show the employee reported the incident and suffered further negative action as a result.
What steps should I take if I have experienced retaliation?
If you have experienced retaliation, it is essential to document evidence, report it to the relevant authorities, and seek legal help from an experienced workplace retaliation attorney such as Holman Schiavone Law, LLC.
What types of compensation are available for retaliation victims?
Retaliation victims may be eligible for a variety of forms of compensation including lost wages, emotional distress, punitive damages, attorneys’ fees, and reinstatement.