Employment retaliation can seriously affect a lot of employers across Virginia. It is likely for workers to suffer financially, lose their job, and incur other undesirable after-effects.
If your employer demoted you for doing activity protected under your employment laws, you should contact a Virginia employment attorney to help you fight for your rights. Such adverse employment action by your employer is illegal. Your attorney will review your situation to determine if you have an employment retaliation claim against your boss. If so, you will file this claim with the Equal Employment Opportunity Commission or EEOC and Virginia Human Rights Commission. Because a retaliation case is complicated, you need to seek the assistance of a lawyer, so you can achieve the best outcome for your retaliation claim.
Understanding What Constitutes an Adverse Action Related to Employment Retaliation
Adverse action refers to any action that an employer makes, possibly deterring a reasonable worker from taking part in protected activity. Protective activities include filing a sexual harassment complaint, filing a discrimination complaint, engaging in EEO legal or administrative process, and more.
If you have been demoted after you take part in any protected activity, you might have an employment retaliation case. But, keep in mind that not all actions your employer takes are a violation of employment laws.
How to Know If You Have a Case
A lot of workplace situations such as demotions could be considered unfair or retaliatory. However, a situation can only be considered illegal retaliation when you engaged in protected activity, your boss took adverse action against you, and they did so because you engaged in protected activity. An experienced employment lawyer can discuss your options moving forward if you believe these things happened before your demotion.
Possible Remedies the EEOC May Grant for Retaliation Claim
Your lawyer will review your situation and give you legal guidance on your retaliation case. If your claim prevails, below are possible remedies you can be granted with:
- Preliminary relief. Your attorney can ask the court to stop the retaliation. This means you should not be demoted or get a pay cut.
- Compensatory and punitive damages. You can be granted money damages to compensate you and punish your boss for their adverse actions.
- Company measures. You could get equitable relief like front pay, back pay, and reinstatement into your job. Other relief includes measures to promote future compliance such as changing employer policy and procedures and training managers.