There are many reasons why your employer might fire you or take adverse actions related to your employment. Sometimes, your employer’s actions might appear unfair, but they are within their legal authority to take the actions. However, some situations that seem unfair may be illegal.
Being terminated or experiencing adverse results because of employer retaliation is against the law. Employees may have one or more legal options, including wrongful termination lawsuits and other civil claims. Unfortunately, your employer will not willingly admit they broke the law. Therefore, you need a skilled Phoenix employer retaliation attorney to fight for your rights.
Our legal team at Houk Employment Attorneys, has decades of experience between them. Our founding lawyer, Christopher Houk, has almost 20 years of experience in employment law. We can help you with all types of employer retaliation claims in Phoenix, AZ.
Contact our law office in Phoenix, Arizona, to schedule a consultation at (480) 569-2377 with a Phoenix employer retaliation lawyer to discuss your legal options.
How Our Phoenix Employment Law Attorneys Help You with an Employer Retaliation Case in Phoenix
Arizona employment laws provide liberal protections for employees. They protect workers when employers take adverse actions in retaliation for actions protected by law or employment contracts. Protected actions include taking time under FMLA, filing a complaint for discrimination, and voting in an election. Some actions may be protected under a valid employment contract, such as taking days off under paid time off.
Employers aggressively defend allegations of employer retaliation to avoid compensating employees for their damages. Our legal team stands up for your rights and holds your employer accountable for the damages caused by their wrongful acts
When you hire our top-rated Phoenix employment law attorneys, you can trust we will:
- Thoroughly investigate the circumstances surrounding the actions your employer took
- Analyze the facts and circumstances to determine if your employer violated your rights
- Identify all causes of action supported by the evidence
- Advise you of your legal options for filing claims and lawsuits for employer retaliation
- Prepare and file all documents for notices of claims and complaints
- Monitor deadlines for filing claims in federal and state court
- Aggressively represent your best interests during hearings and trials
Our Phoenix employment law attorneys have top ratings from leading legal organizations, including Super Lawyers, and a perfect 10.0 score with Avvo. They are skilled negotiators and seasoned trial attorneys.
Dealing with employer retaliation can be frightening and frustrating. You may feel as if you cannot go up against your employer and win. The only recourse you have is to accept what your employer does. That is not true.
You may have several options for fighting employer retaliation. Let us help you pursue those options.
Call Houk Employment Attorneys to schedule a consultation with an experienced Phoenix employer retaliation lawyer.
What Is Employer Retaliation in Phoenix, AZ?
At its core, employer retaliation punishes an employee for exercising their rights or engaging in a legally protected activity. It is any adverse action an employer takes against an employee without legal justification.
Employer retaliation is against the law under federal and state employment laws. The U.S. Equal Employment Opportunity Commission (EEOC) states that retaliation is the most common basis for workplace discrimination complaints.
Examples of employer retaliation include, but are not limited to:
- Denial of promotions
- Retaliatory termination
- Denying access to human resources
- Reductions in pay or hours
- Unfounded negative employee reviews
- Isolation or exclusion
- Denial or reductions in employment benefits or perks
- Unwarranted disciplinary actions
- Harassment and/or discrimination
- Reassignment to less desirable shifts or work
- Excluding employees from meetings or training
- Creating a hostile work environment
If you believe your employer has retaliated against you, immediately contact an employer retaliation lawyer about filing a complaint. You must act quickly. Some claims have short filing deadlines to file complaints.
For example, you have 180 days from the date of the employer’s retaliation to report an incident of unlawful discrimination in Arizona. You may have longer to file other claims.
The time limits depend on the type of claim filed and the agency in charge of your complaint. Waiting to seek legal advice could result in losing your right to pursue a claim.
Reasons Why an Employer May Retaliate Against an Employee in Phoenix, AZ?
Some employers do not need a reason to mistreat workers. They intentionally treat workers unfairly.
However, common reasons for employer retaliation include:
- A worker files a complaint for discrimination or harassment based on age, sex, sexual orientation, gender, race, religion, or another protected class
- Participating in or filing a whistleblower complaint
- Filing a complaint with OSHA to report unsafe work conditions
- Refusing to commit or cover up criminal activities
- Filing a workers’ compensation claim or personal injury claim
- Refusing to participate in discriminatory acts
- Taking time off because of medical leave, pregnancy, or other approved time off under the Federal Family Leave Act or Arizona’s Fair Wages and Healthy Families Act of 2017
- Taking time to serve on a jury or other protected right
- Pursuing a wage and hour claim for unpaid income
- Filing a sexual harassment claim
- Filing or assisting with a lawsuit
It is unlawful for an employer to suspend, transfer, demote, terminate, harass, or otherwise take negative action against an employee for protected rights and activities. Call Houk Employment Attorneys, to discuss your situation with an attorney.
How Do I Prove Employer Retaliation in Arizona?
The employee has the burden of proving their employer engaged in unlawful retaliation activities to win your case.
Therefore, you must have evidence proving each of the following legal elements of employer retaliation:
- You are an employee of the company;
- You were engaged in a protected activity, such as exercising your rights or filing a complaint regarding discrimination, safety, or another issue;
- You suffered some form of negative employment consequences after engaging in the protected activity;
- The adverse employment consequences resulted from your engagement in the protected activity
Your employer may try to defend its actions in numerous ways. Your boss might try to blame the action on a lawful reason, such as poor performance at work or your misconduct. Your employer may justify their actions based on fabricated stories from other employees.
Proving an employer retaliation case can be challenging. However, our legal team understands the complex nature of these actions. We hire expert witnesses to analyze the evidence to strengthen your case if necessary. We do not stop fighting until we exhaust every possible source of evidence to build your case.
What Remedies Are Available for a Claim or Lawsuit for Employer Retaliation in Arizona?
The remedies for employer retaliation depend on several factors, including the type of claim being filed and your damages.
However, examples of the types of remedies offered for employer retaliation claims include:
- Compensation for your loss of income
- Reimbursement for the loss of benefits, such as retirement funds, health insurance, paid time off, etc.
- Attorneys’ fees and legal costs of filing a claim or lawsuit
- Punitive damages to punish employers for egregious acts
- Injunctive relief to prevent employers from continuing with specific actions
- Reinstatement if you were wrongfully terminated
- A promotion if being denied the promotion was based on employer retaliation
- Compensation for your emotional distress
Our legal team analyzes all factors in your case to determine the types of damages. We work to maximize your compensation for an employer retaliation case.
What Should I Do if My Employer Retaliates Against Me for Exercising My Rights?
Employers can be very subtle in the ways they punish employees for exercising their rights. You may notice small signs of employer retaliation in the days and weeks after you exercise a protected right. Therefore, begin taking notes immediately to preserve evidence.
Make a note of the date, time, and adverse employment actions taken against you. Continue noting each situation as it occurs. Make notes of people who witnessed the conversation or action. If you receive documentation related to the action, make a copy to keep with your notes and put the original in a file for your lawyer.
Contact an attorney as soon as possible. Your attorney guides you through the process of filing a claim for employer retaliation. Your attorney can help you gather evidence proving your employer’s actions were against the law.
Evidence you may have that could help include:
- Correspondence from our employer, managers, supervisors, or other company representatives
- Copies of the company’s employment policies
- Your wage and earning records
- Copies of your personnel records, including commendations and disciplinary records
- Copies of complaints you filed in the past
Make a list of potential witnesses for your attorney. Your attorney may schedule depositions of these witnesses as your case progresses. A deposition is a testimony outside of court that is under oath.
Schedule a Consultation With Our Phoenix Employer Retaliation Lawyer
Arizona employment law gives employees causes of action to pursue damages caused by employer retaliation. Call Houk Employment Attorneys, to speak with a Phoenix employer retaliation attorney about your situation.
Understanding your rights and legal options is the first step in holding your employer accountable for their wrongful acts in Phoenix, AZ.
Visit Our Employment Law Office Located in Phoenix, AZ
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
