Retaliation Law – Philadelphia Attorneys

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Retaliation Law Attorney Philadelphia

RETALIATION LAW

Retaliation is not merely for outlaws and members of the criminal underbelly, as silly as that sounds. Retaliation is an act of revenge by an employer. Some employers do not appreciate an individual who “interferes” with their business. It is the employee’s right to make a complaint of discrimination – no matter the type of discrimination.

Freundlich & Littman, LLC is full of dedicated and skilled lawyers. As your local Philadelphia retaliation attorneys, we work hard for all of our clients. Retaliation clients in specific need our help a great deal. Employers who fired or disciplined an individual for their involvement in discrimination proceedings make employees vulnerable. They trusted their employer. They trusted a system to protect them if they exercised their legal rights. It failed them. We work hard so that our clients are not failed once again.

What Is Retaliation?

The Equal Employment Opportunity Commission (EEOC) is an expert on employment law. The EEOC provides a detailed definition of retaliation. The EEOC defines retaliation as:

“All of the laws we enforce make it illegal to fire, demote, harass, or otherwise “retaliate” against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit).”

What Is An Employer Prohibited From Doing?

Regardless of the outcome of your complaint, an employer may not retaliate against you for making a complaint of a discrimination. This is illegal. Retaliation, like a hostile work environment, can take many forms. Retaliation is any adverse employment action taken against you without a reasonable explanation.

Examples of retaliation are:

  • Changing work shifts.
  • Write-ups.
  • Suspensions.
  • Terminations.

You may not face retaliation for making a complaint, speaking out against the discrimination of another, or otherwise participating in any “investigation, proceeding, or lawsuit” regarding an act of discrimination.

Common Examples Of Retaliation

Many people are unsure whether they have been the victim of retaliation. Often, retaliatory acts are so commonplace that many people think nothing of the negative behavior. Some common examples of retaliation include:

  • An employee goes to their boss and complains that their co-workers are engaging in sexually harassing behavior against her and other female employees. The supervisor feigned compassion. The first chance they got, they informed the co-workers of the complaint. The harassment got worse. Your boss gives you fewer hours. The boss says that it is to avoid the harassment. This is retaliation for making a complaint of sexual harassment.
  • An employer and employee are in a battle over an alleged discriminatory act. The court found that there was no actionable discriminatory act. The employee goes back to work. Their boss gives them a poor review in the next review. It is punishment for making a claim. Even though the court dismissed the underlying claim, a boss cannot retaliate for a failed claim. This is true no matter how baseless the court found the underlying claim.
  • Co-workers of an ex-employee may testify at a discrimination trial. The co-workers still work for the employer in question. Co-workers received a summons to appear and testify. Failing to appear could result in a court order against them or even jail if they refused to testify. The co-workers cannot lie about the treatment due to perjury laws. As a result, they cooperate and are honest about the discriminatory treatment. When the co-workers return to work following the trial, they find that they have lost their jobs. This is retaliation and illegal.

What Is Illegal For The Landlord To Do?

First, the landlord must follow the above procedure to give notice. Any clerical or procedural errors in the legal eviction process is grounds for an appeal. If there are errors in filings or eviction notices, the landlord must submit a secondary notice to their tenant. The ten (10) days will then start over. If there is an error, they cannot evict you even after the ten days are up.
Second, a landlord may not resort to their own methods in order to evict a tenant. A landlord still owes a duty to the tenant to keep the rental property inhabitable. This means that they may not shut off utilities to the property. They may not use unsavory methods to make an otherwise livable rental property uninhabitable. The landlord cannot change the locks of the apartment or enter the property to remove the tenant’s personal property. A landlord cannot physically remove the tenant from the property. These are all examples of an illegal eviction.
A landlord must go through the legal process without committing an error in order to legally evict a tenant.

How Can I Protect Myself Following A Retaliatory Act?

Following a retaliatory act, you might be feeling a number of emotions including defeat. That is the point of retaliation. Your boss or employer wants to hurt you for daring to speak out against them. They also want to deter anyone else from speaking out or participating in a legal proceeding. Likewise, retaliating is a hope that you will drop your efforts.
This is bullying behavior, and it is illegal. Do not let your employers coerce you into keeping quiet. Even if you feel tired from fighting, do not worry. Allow us to make all the noise for you. We are ready to fight for your full compensation as allowed by law.

Retaliation Lawyers

Do you think you are a victim of retaliation for making a complaint? If your employer retaliated against for speaking out about a hostile work environment, do not hesitate to seek legal advice. Call us today at 215-545-8500 to schedule a free consultation.

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