As an employee in Arizona, you have a legal right to engage in certain protected behavior without fear of retaliation from your employer. Employer retaliation occurs when your boss or employer punishes you for engaging in a legally protected activity.
Retaliation could include firing, demoting, reducing hours, or any other behavior that punishes the employee or creates a hostile work environment for them. Victims of this type of behavior may be able to pursue legal options, and there are a few different remedies that may be available. Below, you can learn everything you need to know about employer retaliation.
Examples of Protected Behavior
The Arizona labor laws list several specific examples of behavior or rights that are considered to be protected. The law also states that the list is not exhaustive. This means that additional behaviors could also be protected. Some common examples include:
- Requesting or using your legally protected sick time or paid time off
- Reporting potential safety violations
- Reporting sexual harassment
- Filing a discrimination complaint
- Participating in an investigation of employer misconduct
- Informing your employer of your rights under the law
- Refusing to participate in illegal behavior
If you have experienced retaliation for engaging in any of these behaviors, you may have the right to file a claim against your employer.
How Might an Employer Retaliate Against You?
At its most basic form, employer retaliation is some form of punishment against the employee. However, the actual act of retaliation can take many forms. Some common examples of actions that may be considered retaliation include:
- Termination
- Reduction in hours
- Demotion
- Isolation or exclusion
- Refusing access to human resources
- Negative reviews with no basis
- Creating a hostile work environment
- Excluding the employee from training or other career opportunities
After most of these types of retaliation, there are strict time limits for filing a claim. For that reason, you must act quickly to report any instances of retaliation that have occurred against you.
Potential Remedies for Employer Retaliation
The specific remedy available in your case will depend on the types of damages you have suffered. Your options may also depend on the type of claim you are bringing. Some of the most common remedies available in employer retaliation cases include:
- Compensation for lost wages
- Reinstatement if you were wrongfully terminated
- Promotion
- Attorney’s fees and court costs
- Punitive damages that punish your employer for their behavior
- Compensation for your emotional distress and loss of reputation
Employers should not be allowed to get away with this type of behavior. Allowable damages are in place to compensate victims for their losses and punish the employer in some cases.
How Should I Handle Employer Retaliation?
Employers can be very sneaky in the ways that they may attempt to retaliate against you. Be on the lookout for small and subtle changes to your job duties, wages, or other things. Of course, in other cases, retaliation is quite obvious.
In either scenario, you should keep detailed notes and records of your interactions with your supervisor and other management employees. This includes keeping track of any witnesses who may have seen the interactions take place. In some cases, you might receive documentation from your employer, such as employee reviews or written punishment. Be sure to keep copies of all this documentation.
Having as much evidence as possible will help to prove your claim of retaliation. Physical evidence and witness testimony can both be used in your case. Finally, seeking the help of an experienced lawyer can be crucial to winning your claim. Your lawyer can help put together all your evidence and help you successfully navigate the legal process of winning a retaliation claim.
For more information, please contact an experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today. Our employment law firm is conveniently located near you. We have an office in Phoenix, AZ.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
