Retaliation

Employment Retaliation Lawyers in Naperville & Chicago

Helping Chicago Area Clients Protect Themselves from Retaliation in the Workplace

It is illegal to fire an employee for complaining about a protected activity. Title VII (and many other laws) prohibit employers from discriminating as well as retaliating against employees who engage in protected activities, such as reporting or opposing unlawful employer behavior. Henson v. Canon Bus. Sols., Inc., 69 F. Supp. 3d 730, 737 (N.D. Ill. 2014).

Fish Potter Bolaños, P.C. has extensive experience representing clients who experience employer retaliation as a result of filing a number of different employment law claims.

Common suits we handle involve:

Our attorneys are here to help! Schedule your initial case review by calling us at (630) 364-4061 or fill out our online form today.

What Is a Retaliation Claim?

A retaliation claim is an employer filing a legal action against an employee who acted on a clear belief that the employer engaged in activity that went against Equal Employment Opportunity laws (EEO).

EEO laws are in place to ensure employers do not penalize applicants or employees who assert their right to not face discrimination and/or harassment in the workplace.

Additionally, EEO laws protect an employee who:

  • Filed or witnessed an EEO charge, complaint, investigation, or lawsuit.
  • Communicated with a superior about what they felt was employee discrimination or harassment.
  • Refused to follow orders that could result in discrimination.
  • Resisted advances of harassment or protected others from harassment.
  • Requested accommodations for a disability or religious practice.
  • Requested salary information from coworkers or superiors.

Common forms of employer retaliation include:

  • Giving a performance evaluation that is lower than it should be.
  • Transferring an employee to a less desirable position than their current position.
  • Engaging in physical or verbal abuse.
  • Increasing performance scrutiny with no actual cause.
  • Making it harder for the person to maintain a healthy work/life balance.

A plaintiff may present “smoking gun” direct evidence of causation which requires “something akin to an admission” of retaliation by an employer. A plaintiff may also demonstrate the requisite causal link by constructing a “convincing mosaic” of circumstantial evidence, relying on “suspicious timing, ambiguous statements […], and other bits and pieces from which an inference of retaliatory intent might be drawn.” Id. Henson v. Canon Bus. Sols., Inc., 69 F. Supp. 3d 730, 739–40 (N.D. Ill. 2014).

Different laws require different proof to prove a retaliation claim. Count on the Naperville & Chicago retaliation attorneys at Fish Potter Bolaños, P.C. to effectively defend your legal rights. Contact us at (630) 364-4061 to learn more about how we can help.

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