Workplace Retaliation


If you are an employee or a job applicant who has been punished for reporting discrimination or harassment in the workplace, you may have a claim for retaliation against your employer. Any adverse action, like being fired or suspended, taken against you may be considered a penalty for complaining and is strictly prohibited by Federal, State, and City laws. If you have reported an unlawful employment practice and now face workplace retaliation, you need to act immediately to protect your rights and job.

We handle every workplace retaliation case with the utmost respect and diligence. Our team of attorneys works zealously to ensure you recover the damages you are entitled to, including compensation for wrongful terminations, lost career opportunities, or any other inconveniences related to retaliation.

What is Workplace Retaliation?

Retaliation is when an employer or supervisor penalizes an employee for reporting an unlawful employment practice.  For example, you cannot be retaliated against for reporting discrimination or harassment, participating in an investigation or lawsuit against your employer, or opposing discrimination. Additionally, if you notify the authorities about illegal business practices, like defrauding the government, you are protected against workplace retaliation by whistleblower laws.

What is an Adverse Employment Action?

An adverse employment action can take many forms but the most common is termination.  Nevertheless, all of the following examples may be considered adverse employment actions:

  • Negative work evaluations
  • Salary decreases or demotions
  • Firing or termination
  • Suspension
  • A decrease in hours usually worked within a given pay period
  • Poor performance reviews

A common example of workplace retaliation is the following: Imagine being praised for your performance at work; you have always received exceptional performance reviews and you are on track for a promotion. After complaining about your supervisor’s racist comments to Human Resources, you are given a poor performance review a week later. A month after the poor performance review, you are terminated or suspended without pay, citing your performance as the pretext for the termination or suspension.

What Should I Do If I Have Experienced Workplace Retaliation?

If you have reported an unlawful business practice or complained of discrimination and are facing retaliation, you need to act immediately to protect your rights and your job. Reporting any unlawful business practice, including discrimination and harassment, is considered protected activity, and time is of the essence to ensure your employer does not violate your rights as an employee.

What Can I Recover in A Workplace Retaliation Lawsuit?

There are several types of damages employees can recover in workplace retaliation cases. These types include lost wages, lost benefits, emotional distress and suffering, punitive damages, and attorneys’ fees. Also, you may ask for your job back.

Contact Our Top Workplace Retaliation Attorneys to Get a Free Consultation

Contact our experienced attorneys at the Derek Smith Law Group, PLLC to discuss your claim for workplace retaliation. We do not charge unless we recover for you. Call us at (800) 807-2209 for a free consultation.


Speak to us about your case.

With over 25 years of experience, we have represented thousands of employment discrimination victims. We have recovered millions for our clients, including the largest emotional distress jury verdict in an employment law case ever to be sustained on appeal!

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