Employer Retaliation Attorneys
Philadelphia Employer Retaliation Attorneys
Often, retaliation is a chief concern among workers seeking to stop unlawful behavior by an employer or seeking redress for damages they suffered. An employee may value his or her job despite the issue they seek to address. Fortunately, many laws and regulations for employers include provision prohibiting negative employment actions that stem from an employee reporting unlawful activity or seeking compensation for damages.
If you have been the victim of employer retaliation, you may have a claim for damages regardless of whether the original claim that was the subject of the retaliation had any merit.
Philadelphia Employer Retaliation Lawyer
If you have reported or sought action for unlawful workplace behavior and suffered retaliation in Pennsylvania, New Jersey or New York, a dedicated employment lawyer can help you obtain the relief you seek, whether it be monetary damages, an injunction requiring that your position be restored or both.
It is illegal for an employer to make a negative employment decision based on an employee reporting or seeking action on discrimination, harassment, fraud, wage and hour violations or other illegal activity. At Console Mattiacci Law, LLC, our attorneys have been recognized by our peers for our dedication to represent employees, including those who are the victim of unlawful retaliation.
Call us today at 215-545-7676 to schedule a consultation to discuss the details of your case. We have an office in Philadelphia and serve clients throughout the area, including, but not limited to, Philadelphia, Lancaster, Montgomery, Bucks, Chester and Delaware Counties. We also have an office in Moorestown, New Jersey, and serve clients throughout the state, including, but not limited to, Camden, Atlantic, Burlington, Gloucester, Ocean and Cape May Counties. We also represent clients throughout New York.
Laws Protecting Against Employer Retaliation
Many federal, state and local laws that protect employee rights in the workplace also protect employees from any kind of retaliation. Retaliation is generally defined as any adverse employment action taken against the employee exercises his or her right under the law to file a complaint, report wrongdoing, seek pay owed to them or exercise a right to which they are legally entitled.
Laws with prohibitions against retaliation include:
- Laws that prohibit discrimination and harassment, including sexual harassment, including:
- The Civil Rights Act of 1964;
- The Pennsylvania Human Relations Act;
- The New Jersey Law Against Discrimination;
- The Age Discrimination in Employment Act;
- The American with Disabilities Act;
- The Pregnancy Discrimination Act;
- The Fair Labor Standards Act and other laws that regulate wages;
- The Pennsylvania Whistleblower Law, the New Jersey Conscientious Employee Protection Act and other laws designed to protect workers; and
- The Family and Medical Leave Act, which protects workers from being retaliated against if they seek or take leave to which they are entitled.
Negative Employment Action
Most anti-retaliation laws forbid “negative employment action,” a “negative employment decision” or a “materially adverse action” as a result of reporting or seeking action due to illegal activity. Negative employment actions vary widely. They could include termination, discharge, suspension with or without pay, passing the employee over for a deserved promotion, demotion or giving the employee less work or fewer responsibilities.
A “materially adverse” action is one that would discourage a reasonable worker from engaging in a protected activity.
Negative employment actions also include decisions that adversely affect the complaining employee, even if the purported intent is not the punish that employee. For instance, if an employee complains of sexual harassment against a supervisor, and that employee is moved to a less desirable position away from the offending supervisor, that may be a claim for retaliation.
“Good Faith” Belief of Wrongdoing
Laws protecting against retaliation often protect 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 if 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, wage and hour law violation or any other illegal activity.
Console Mattiacci Law, LLC ǀ Philadelphia Attorneys for 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 the Philadelphia area and throughout Pennsylvania, New Jersey and New York 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.