Workplace Retaliation
Steffans Legal Represents Employees in Unlawful Workplace Retaliation Cases From Offices in Worcester, Lowell, Springfield, Fall River, Pittsfield, and Hyannis
Our society depends on employees being able to voice concerns and challenge unlawful behavior free from retaliation. Unfortunately, employees who do voice their concerns frequently suffer unlawful retaliation. Thankfully, numerous state and federal laws prohibit retaliation and protect employees who ‘blow the whistle.’
Workplace retaliation lawyer, Benjamin Steffans, has over 14 years of experience in representing individuals facing workplace retaliation across the state of Massachusetts. During those 14 years, we have represented individuals who were retaliated against for challenging workplace harassment, employment discrimination, and unlawful wage-and-hour practices. Below are some answers to questions that we are frequently asked regarding workplace retaliation. As always, contact us to schedule a free consultation at any time. We are here to help.
“Ben Steffans represented me in a large class action pending out of state. For me, it was about standing up against corporate bullies who took advantage of the very people who helped to fatten their wallets! I was happy to be involved in a lawsuit that made our former employers pay for working us like dogs from sunup to sundown. I am grateful to Ben Steffans, who stood toe to toe with a big city corporation and won! It took a special kind of man to represent and demand justice for hardworking people who would have otherwise had their grievances swept under the rug.”
Frequently Asked Questions Regarding Workplace Retaliation
Have I been unlawfully retaliated against at work?
Generally speaking, workplace retaliation exists when an employer takes some sort of adverse action against an employee because that employee has done something. If you can establish that something you did caused your employer to take action against you, you may have a workplace retaliation claim.
Is all workplace retaliation illegal?
No. Workplace retaliation is only unlawful if the adverse action is taken because the employee engaged in a specific category of conduct known as protected activity. Complaining about a dress code is not protected activity. Complaining about unpaid wages, not being paid overtime, unlawful discrimination, unlawful harassment, or unsafe working conditions is protected activity. You can’t be fired for that. In fact, you can’t be disciplined or treated negatively in any way for challenging those types of things.
Am I a whistleblower?
Practically speaking, a whistleblower is a word used to describe an employee who engages in protected activity. A whistleblower is not someone who complains about a dress code, for example, but is someone who complains about something he or she thinks is unlawful. You can’t be retaliated by your employer for complaining about something you think is unlawful.
I’m employed at will. Does that matter?
No. It is unlawful for employers to retaliate against any employee for engaging in protected activity, even one employed at will.
How do I prove an unlawful workplace retaliation claim?
The strongest way to prove a workplace retaliation claim is through direct evidence. Direct evidence includes comments directed at you or about you that suggest your employer is reacting negatively to your protected activity. Labeling you as a troublemaker, not a team player, or as having an attitude problem can amount to direct evidence of retaliatory intent. Another good way to prove your case is by showing that a small period of time elapsed between your protected activity and the retaliatory action.
What damages are awarded for successful workplace retaliation claims?
Your main forms of compensation, if you succeed on a workplace retaliation claim, are lost wages and compensation for emotional distress. You may also be entitled to punitive damages. You will also be entitled to compensation for attorneys’ fees you incur, even if you are represented on a contingent fee basis.
Can Steffans Legal help? Yes. At Steffans Legal we focus on employment law. We do nothing else. Steffans Legal has represented countless employees in workplace retaliation claims including those who have been retaliated against for: complaining about sexual harassment, racial discrimination, disability discrimination, unpaid wages, unpaid overtime; using protected medical leave, and refusing to commit fraud.
What next? Set up a consultation. It’s always free (no matter how long it takes).
