The word retaliation is often used loosely, but it is most certainly a term of legal art with a specific definition. Retaliation occurs when your employer, a supervisor, or an authority figure with management powers (such as the power to hire and fire), penalizes you for complaining and/or reporting an unlawful practice or situation at work.
Examples of discrimination
You reported discrimination against a supervisor and immediately thereafter the supervisor takes away sick days, suspends you from work, or gives you a demotion.
You complained to Human Resources about being sexually harassed by a supervisor and after complaining, you notice that the supervisor is now giving you poor performance reviews and writing you up even for things you were not responsible for.
You work for a hedge fund and you complained about inside information or fraudulent practices. As a result of complaining, you are removed from client accounts and banned from meetings which are necessary for you to perform your job.
What do I do if I have been retaliated against?
If you reported an unlawful practice and are now being retaliated against, you should report the retaliatory acts as well. Standing up for your rights is important and at L & D Law we can certainly help. However, be sure to take action immediately, as you must consider the applicable statutes of limitations. For most cases involving retaliation you may have to file your lawsuit within 180 days of the last act of discrimination or retaliation; or, you may have as long as 3 years. In either event, there is no time to waste and you should contact us immediately.