Employment Retaliation Lawyers Columbus

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Employment Retaliation Lawyers Columbus, Ohio

Employees are protected by federal and state civil rights that help ensure work environments are free of harassment and discrimination. They also have the right to speak up if those rights are violated without fearing unlawful termination or retaliation.
If you’re struggling with the threat of termination or demotion or facing an otherwise hostile work environment due to a discrimination complaint you’ve made, there’s help available. Turn to Oliver Law Office to get assistance from a worker rights attorney.

What Is Employment Retaliation?

Employment retaliation occurs when a company leader or employer takes negative actions against an employee who has filed a formal complaint about workplace harassment or discrimination. According to the Equal Employment Opportunity Commission (EEOC), filing a complaint is a protected activity.
The EEOC makes it illegal for employers to retaliate against employees who:
  • Witness or file a complaint or lawsuit.
  • Answer questions during an investigation of alleged harassment.
  • Resist sexual advances or intervene to protect others.
  • Communicate with a supervisor about harassment or discrimination.
  • Refuse to follow orders that would be discriminatory.
  • Request accommodation of a disability or religious practice.
  • Ask managers about wage information to discover discriminatory practices.
Any employee filing a claim has protection from retaliation, no matter the circumstances. The other acts can be protected as long as the employee was acting on a reasonable belief that harassment or discrimination was occurring.
But what does retaliation look like in the workplace? Some of it can be overt, including actions like:
  • Engaging in verbal or physical abuse.
  • Transferring the employee to a less favorable position.
  • Preventing the employee from getting a promotion or raise.
  • Making the employee’s work environment unsafe or uncomfortable.
  • Increasing scrutiny.
  • Spreading false rumors.
  • Preventing the employee from attending work meetings or other events.
  • Giving a negative performance review.
  • Limiting work hours.
  • Threatening to contact authorities.

Other types of retaliation are more subtle and, therefore, harder to prove. They often go unnoticed by supervisors and other employees while still affecting the targeted person. These include “cold shoulder” treatment, like ignoring the employee in meetings, micromanaging, and overly critical of previously acceptable work.

Filing a Claim of Employment Retaliation

If you filed a claim of discrimination or harassment against your employer or accompanied another employee as they made a claim, you are federally protected. To prove that you’ve experienced employment retaliation using the participation clause of Title VII, you have to demonstrate that:
  • You engaged in a protected activity.
  • You suffered an adverse job action.
  • There’s an inference of retaliation.
Proving that your participation in a protected activity led to the adverse job action is the most challenging part because employers will rarely admit why they did the actions. Even if they admit it, it’s usually in circumstances where it may be your word against your employer’s.
These complexities make it essential to turn to a Columbus, Ohio, employment lawyer for help. At Oliver Law Office, we have experience proving employment retaliation.

Why You Need to Hire an Employee Rights Attorney

Employment retaliation claims are tough, so you must contact a lawyer for assistance. They can offer a variety of services.

Gathering Evidence

Employers understand that retaliation is unlawful and will do everything possible to hide their actions. This includes relying on excuses for why they did what they did. It can be very difficult to prove retaliation if you don’t have an experienced retaliation law attorney by your side.
One of the ways that a lawyer at Oliver Law Office can help is by looking carefully at performance reviews. If you consistently received positive reviews until the formal complaint you made, that could be used to prove retaliation.
It can be harder to prove retaliation if you had a few negative performance reviews before the complaint. However, if you hire an experienced lawyer, it’s still possible.
A lawyer must also establish that the person who took the adverse job action against you knew that you filed the complaint or helped the employee who did. For example, it could be coincidental if you filed a complaint with HR and your supervisor fired you the same day, but there’s no proof that they heard of your action.
To prove that you were the victim of retaliation, a labor law attorney will also help demonstrate that there was no reason for your employer’s adverse job action.
For instance, if you file a complaint and stay home for the next two days because you’re afraid of retaliation, your employer could fire you, which wouldn’t count as retaliation.
Why? Because you gave them a legitimate reason for terminating your employment. With a workplace retaliation lawyer helping you, finding other ways to prove your claim is possible.

Gathering Evidence

Your lawyer will prepare a letter of demand to send to your employer outlining your concerns and inviting a formal discussion about the next steps. If your employment was terminated, the letter can address severance pay or even having you reinstated.
If you still work there, you can ask that the retaliation you’ve experienced stop. For instance, if you were demoted or given unreasonable work hours, your employer would have to fix these issues.

Filing a Claim With the EEOC and OCRC

If your employer doesn’t respond to the letter of demand or insists they didn’t retaliate, you can file a claim with the EEOC or the Ohio Civil Rights Commission (OCRC). Filing a claim with either of these agencies is an important step. However, it can be complicated.
You must ensure that you present the evidence that helps prove your claim and that everything is filed correctly. An employee protection lawyer is ready to handle the paperwork and guide you through the filing process.

Filing a Claim With the EEOC and OCRC

If going through the EEOC and OCRC doesn’t seem like the best option because of how long these claims can take, you and your employment discrimination lawyer can decide to take the claim to court. This gives you the chance to be heard. Throughout the process, there will be plenty of opportunities to negotiate with your employe
Whether you receive damages and how much you receive will depend on your case’s exact details. It’s crucial to remember that you should never attempt to go to court without legal representation.

Employment Retaliation Attorney: Choosing Oliver Law Office

If you’ve made a claim of employee harassment or discrimination and have noticed that your work environment has become hostile, your employer could retaliate. Under state and federal laws, you have rights that protect you.
By turning to Oliver Law Office in Columbus, OH, you can get representation from a women-led firm ready to fight for you. Can’t make it to our office? We’ll come to you or schedule a virtual consultation. Speak with a lawyer today.
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When Jami Oliver launched her own firm in 2000, she did so with one simple idea in mind: to seek justice for those who have been hurt, injured, or wronged due to the negligence of others. While she’s won numerous awards and accolades in the years since, her philosophy hasn’t changed. If you need an attorney who can advocate for you after an accident, product recall, or other tragedy, the Oliver Law Office should be your first choice.