You may have a retaliation case against your company if they take adverse action against you after you report discrimination or harassment. If your working circumstances or treatment have gotten worse since you filed a complaint, you should talk to a lawyer about defending your rights. This article covers how a retaliation case is assessed by the best Kansas City retaliation lawyer and what proof you’ll need to back up your claim.
What the Retaliation Really is?
When an employer takes an adverse action against an employee for reporting or complaining about what the employee considers to be workplace discrimination or harassment, the employer is breaking the law. The employee may receive negative treatment from the employer in the form of discipline or termination. It could also be another action, such a wage cut or less appealing job assignments, that has a detrimental impact on the employee’s working conditions or their mental or emotional well-being.
To engage in a protected activity, an employee need only bring the perceived discrimination or harassment to their superiors’ attention. They are not need to file a formal complaint about it. For instance, even a casual comment to human resource about how offensive your supervisor’s remarks were to people of color could be considered protected action.
What Factors do Employment Attorneys Consider in Retaliation Cases?
In order to decide whether or not to represent you, an employment lawyer will look at a number of aspects of your possible case, including the proof of the retaliation, the harm it caused you and how a judge or jury will see you.
Have you Seen any Proof of Retaliation?
Retaliation differs from discrimination or harassment in that the employee’s good faith belief that the underlying behavior was discriminatory or harassing is all that is necessary for the employee to file a complaint. An employee might observe a conversation between a coworker and a supervisor, for instance and sincerely believe that it was a case of harassment even though it wasn’t. The employee still has a retaliation case even if they report the incident and the company punishes them or dismisses them as a result.
This is why it’s crucial to provide an employment lawyer with proof that you genuinely and firmly felt that you had seen or been the victim of discrimination or harassment. Bring any documentation, copies of objectionable images or communications and the names and contact details of any witnesses who can support you to the attorney.
You should also include any emails, letters, memos, or even personal notes as proof that you actually reported or complained about harassment or discrimination to your employer. Do not forget to provide the attorney with the name, position and contact information of the person to whom you made the complaint as well as the names of any witnesses.
What Loses Do You Have?
You are nearly always seeking a monetary award of damages in a retaliation action. You must be able to prove that you actually lost something in order to be awarded damages. Your losses from the retaliation, such as lost earnings or benefits, must be disclosed to an employment attorney who is assessing your possible case.
Bring in any pay stubs or other records that demonstrate your income before the retaliation. Bring in documentation to support any connected losses you may have, such as medical costs that would have been covered by prior health insurance. Additionally, provide the attorney any employee benefits policies or plans you had prior to the retaliation.
Only you, Your key Witness
You are the most crucial witness in your case if you are the accuser. As soon as you enter an employment lawyer’s office, they will begin to assess you as a prospective witness. This is due to the fact that a judge and jury will assess you similarly while determining whether to trust your testimony or award you damages. Prove to the attorney that you will be a sympathetic, logical and credible witness on your own behalf. You can accomplish this by being well-groomed, making well-thought-out and concise statements, maintaining composure and being sincere.