What to Do About Employer Retaliation at Work
At Schaefer Law Firm in Minneapolis, our employment law attorneys advise employees about the best ways to resolve problems related to retaliation on the job. While in some situations litigation in the state or federal courts will be the most effective way to resolve the problem on favorable terms, in other cases a negotiated severance might achieve substantially similar results more quickly and inexpensively.
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Just as employees are entitled to certain workplace rights under state and federal law, employees are protected from retaliation by their employers for invoking those rights. Retaliation can take a variety of forms: poor performance reviews, undesirable transfers or work assignments, suspension, probation or termination.
Too often, employees encounter retaliation in the workplace for such prohibited reasons as the following:
Filing a workers' compensation claim
Taking family leave, medical leave or pregnancy leave
Reporting illegal conduct on the part of a manager or supervisor
Cooperating with a government investigation into the employer's finances, labor practices or workplace safety procedures
Reporting a publicly traded company's violations of the Sarbanes-Oxley Act
Supporting a co-worker's complaint of discrimination or sexual harassment
Engaging in protected whistleblower activity under federal or Minnesota law
The key to success in a retaliation claim is proving the connection between adverse employer action and conduct by an employee that is expressly protected by law.
In many cases, however, it makes sense to use the evidence of retaliation developed in our investigation of the facts as leverage in negotiating a severance package that reflects fair compensation to the employee. By the time the situation approaches litigation, the relationship between the company and the employee is usually damaged beyond repair, and it's healthier for the individual to move on.
Schaefer Law Firm's employment lawyers work hard to ensure that you can depart a toxic workplace atmosphere on the most favorable terms possible. We also offer sound advice about what you can expect in a negotiated severance, and when it makes sense to take your claims to court.
For additional information about the best ways to protect your rights in a case of employer retaliation in Minnesota, North Dakota or western Wisconsin, contact Schaefer Law Firm in Minneapolis for a free consultation.