Employer Retaliation Attorneys
Many workers who seek to stop unlawful behavior by their employer or pursue legal action against their employer fear retaliation. Far too often, employees with a strong sense of morality suffer serious consequences for doing the right thing and coming forward with reports of employer misconduct.
Fortunately, many laws that apply to Philadelphia employers also include provisions that prohibit negative employment actions stemming from an employee reporting unlawful activity.
If you work in Philadelphia and your employer has retaliated against you for reporting unlawful activity, you may have a claim. This article contains general information about Philadelphia workplace retaliation claims. It is not a substitute for speaking to an experienced Philadelphia employment retaliation lawyer about your case.
What Actions Constitute Employment Retaliation?
The term “retaliation” refers to adverse actions taken against an employee for engaging in protected activity, which could include complaining about discrimination or other violations of employment laws. The laws against employment retaliation can also apply to employees who participate in certain investigations and oppose certain behavior. Under most of the relevant employment laws, negative action is broadly defined and includes any activity that would deter a reasonable employee from making or supporting a complaint.
Examples of employment retaliation may include the following:
- Unjustified negative performance reviews or work evaluations,
- Unwarranted disciplinary actions or written warnings,
- Changes in hours, job duties, and/or job assignments,
- Demotion or reassignment to a less desirable position,
- Reduction in salary, compensation, or other benefits, and
- Hostility or derogatory comments, and
Even if an employee’s original complaint of discrimination, harassment, or other violation turns out to be unfounded, employment retaliation laws may still apply. An employee who can prove that something negative happened because of his or her reasonable, good faith complaint has legal rights and can still proceed with an employment retaliation lawsuit.
If you think you may have an employment retaliation claim, contact a Philadelphia workplace retaliation lawyer right away.
Laws Against Workplace Retaliation
Many federal, state and local laws that protect employee rights in the workplace also protect Philadelphia employees from retaliation. Laws with prohibitions against workplace retaliation that may protect Philadelphia employees include:
- The Civil Rights Act of 1964: This federal civil rights law protects certain employees who complain about discrimination on the basis of sex, race, color, national origin, or religion.
- The Pennsylvania Human Relations Act: This Pennsylvania anti-discrimination law protects certain employees who complain about discrimination on the basis of race, color, sex, religious creed, ancestry, age, disability or national origin.
- The Age Discrimination in Employment Act: This federal anti-discrimination law protects certain employees who complain about discrimination on the basis of age. .
- The American with Disabilities Act: This federal anti-discrimination law protects certain employees who complain about discrimination on the basis of disability.
- The Pregnancy Discrimination Act: This federal statute protects employees against who complain about discrimination on the basis of pregnancy, childbirth, and certain pregnancy-related medical issues.
- The Fair Labor Standards Act: This federal law protects certain employees who complain about minimum wage and overtime violations.
- The Family and Medical Leave Act: This federal law protects workers from being retaliated against if they seek or take leave to which they are entitled.
- The Pennsylvania Whistleblower Law: This state law protects certain employees from retaliation after they come forward with good-faith reports of wrongdoing or waste.
- The Philadelphia Fair Practices Ordinance: This Philadelphia city ordinance protects certain employees who complain about discrimination on the basis of race, ethnicity, color, sex (including pregnancy, childbirth, or a related medical condition), sexual orientation, gender identity, religion, national origin, ancestry, age, disability, marital status, familial status, genetic information, or domestic or sexual violence victim status.
Negative Employment Action
Most anti-retaliation laws forbid negative employment actions as a result of reporting or seeking action due to illegal activity. Negative employment actions vary widely. They could include:
- Suspension with or without pay,
- Passing the employee over for a deserved promotion,
- Giving the employee less work or fewer responsibilities
“Good Faith” Belief of Wrongdoing
The laws protecting Philadelphia employees against retaliation typically protect only those who make complaints in “good faith” or with a “reasonable belief” of wrongdoing. This language is designed to protect people who make a complaint with the honest belief that a wrong has been committed, even if they cannot prove it or if they are incorrect in their belief.
It is possible for a person to have a viable claim for retaliation even if he or she does not have an actionable claim for discrimination, harassment, or any other illegal activity.
Philadelphia Workplace Retaliation Lawyer
If you work in Philadelphia or the surrounding areas and reported or sought action for unlawful workplace behavior, a dedicated Philadelphia workplace retaliation lawyer can help you obtain relief. You may be entitled to monetary damages to compensate you for the economic and emotional loss you have incurred. In some cases, you may also be awarded punitive damages, which are designed to deter certain malicious or egregious behavior.
It is illegal for an employer to make a negative employment decision based on an employee engaging in protected activity. At Console Mattiacci Law, LLC, our Philadelphia workplace retaliation attorneys have been recognized by our peers for our dedication to represent employees.
Contact us today or call (215) 545-7676 to schedule a consultation to discuss the details of your case.
CONSOLE MATTIACCI LAW, LLC ǀ PHILADELPHIA ATTORNEYS FOR WORKPLACE RETALIATION CLAIMS
If you have suffered negative employment action as a result of engaging in legally protected activity, you may have a claim for retaliation. At Console Mattiacci Law, LLC, we represent workers in Philadelphia who have been retaliated against after reporting illegal activity or taking leave to which you are legally entitled. Call (215) 545-7676 to schedule a consultation with one of our Philadelphia workplace retaliation lawyers today.