Virginia Workplace Retaliation Lawyer
Despite various laws prohibiting such behavior, disclosing instances of harassment, discrimination, fraud or unsafe conditions either internally or externally often prompts retaliatory actions. Hostile action exhibited by an employer toward an employee in response to reporting illegal conduct may be a case of unlawful workplace retaliation.
You should never be subjected to poor treatment at work for doing the right thing. Our team of Virginia workplace retaliation lawyers represents employees throughout the Commonwealth, and could be dedicated to helping you expose illegal or dangerous activity and maintain your rights to be free from workplace retaliation. To get started or discuss what steps you can take, call and schedule a consultation with our employment attorneys.
What is Workplace Retaliation?
Employers are not allowed to retaliate against an employee in instances when an employee reports unsafe work environments, illegal endeavors, or discrimination, or when they file a claim against their employer. Examples of employer retaliation may include:
- Threatening an employee
- Firing an employee
- Denying a promotion
- Pay cuts
- Baseless negative evaluations
- Transitioning an employee to a less favorable position
It is important to bear in mind that an employer is almost always permitted to discipline or fire their employees. As a result, proving that a termination of employment or other adverse action was, in fact, unlawful retaliation can sometimes be challenging.
To achieve a successful outcome in a workplace retaliation case, you must clearly show that adverse treatment came about in response to refusing to engage in or reporting unlawful activity. Substantiating this causal connection is an essential element to a retaliation lawsuit.
Lawful Termination of Virginia Employees
In a jurisdiction like Virginia that follows the doctrine of “at-will employment,” it is often difficult for employees to challenge a termination. This is because someone who is employed “at-will” can be fired for any reason or no reason whatsoever. However, an employee has the right to challenge their termination if they believe they were fired after exercising the rights given to them under the law.
Virginia Whistleblower Protections
Some employers may view whistleblowers as a threat and respond to that threat by lashing out against them. Even if they were not aware of violations of the law occurring in their workplace, many employers do not want to face liability for that conduct.
The Virginia Fraud and Abuse and Whistleblower Protection Act is a state law that provides safeguards to employees who “blow the whistle” against government agencies. On the federal level, the Whistleblower Protection Act also shields employees from retaliation.
How Does a Worker File a Retaliation Claim?
If you want to file a workplace retaliation claim, in most cases you should contact the Equal Opportunity Employment Commission (EEOC) to do so. The EEOC is a federal agency that enforces federal laws such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.
Time constraints set by law require that claims with the EEOC must be filed within 180 days of the purported retaliation under most circumstances. Delaying action could result in loss of your right to bring a claim.
Getting Started with a Virginia Workplace Retaliation Attorney
If you suffer retaliation at work, or if you are worried about what may happen to you if you come forward to report illegal conduct at work, a Virginia workplace retaliation lawyers may be able to represent you in your case. Schedule a consultation with the Spiggle Law Firm today to learn more.