State and federal laws protect San Antonio workers from discrimination, and retaliation in the workplace. Illegal retaliation happens when you are punished for taking part in a lawfully protected again like reporting discrimination to HR, management, or a government agency. A San Antonio employment lawyer can help you determine if you have a retaliation case against your employer and build a strong claim.
Examples of Protected Activities
Employers cannot retaliate against workers who report or refuse to take part in illegal conduct. Examples of protected activities include reporting workplace discrimination or harassment to a supervisor, human resources representative, or a government agency, giving supporting evidence to the discrimination report of a coworker, opposing the unlawful work practice of an employer, and not obeying an unlawful or discriminatory work order.
The law protects employees who report illegal workplace conduct as long as they make a complaint as an act of good faith. But to get protection against workplace retaliation, a worker should have objected to the illegal conduct.
Forms of Workplace Retaliation
Workplace retaliation usually comes in the form of demotion or termination. But it can also include denying a raise or a promotion, harassment, salary reduction, suspension, job reassignments, and disciplinary measures.
If you think you have been retaliated against at work, you have many options. First, you can share your concerns with human resources or management. But remember that your employer may be reasonable in taking actions that might seem retaliatory. Also, you can report your issues to the Equal Employment Opportunity Commission or the Department of Fair Employment and Housing. Your last option is to speak with an employment lawyer.
Often, you may need to document that you have reported unlawful conduct to your employer and that you were retaliated against because of this. You need a lawyer who can help you determine the things you must do to protect yourself. Also, you must carefully take into account anything your boss asks you to sign that has to do with your retaliation concern. You should speak with a lawyer first before you sign anything. You need to understand your rights, so you know what to protect. A skilled lawyer can help you do so.
Whether you have been demoted, terminated, or had your salary reduced because of retaliation, you may have a legal claim for compensation. This allows you to recover the wages you would have earned if you were not retaliated. Also, you may be able to seek compensation for emotional distress if you sustained this as a result of your employer’s illegal conduct.