Unfortunately, discrimination, injuries, and health and safety violations occur at workplaces across the country. Some employers prioritize their reputation over safety standards, and they may retaliate against employees who report injuries and discrimination or make whistleblower claims. Situations like this can make it challenging for workers to report concerns out of fear of being demoted or fired. However, according to federal and state law, it is illegal for employers to retaliate against workers for engaging in legally protected activities in the workplace.

You have legal rights as an employee to receive workers’ compensation benefits or report discrimination or safety violations. With a Minnesota whistleblower lawyer on your side from Mottaz & Sisk, you will learn about your legal options and the next steps you can take to get the justice you deserve. If you were demoted, fired, or otherwise disciplined for legally reporting a workplace violation, contact a Minneapolis workplace retaliation lawyer at Mottaz & Sisk today.

What Is Workplace Retaliation?

Workplace retaliation occurs when an employer takes disciplinary action against an employee for exercising their lawful rights. Illegal disciplinary action can include:

• Terminating or demoting the employee
• Changing the employee’s job duties or work hours
• Transferring the employee to a different position or location
• Reducing salary or benefits
• Denying the employee a pay raise

Retaliation can appear in many forms, and sometimes the instances are not as obvious. Always remember that if you file a complaint about safety violations, discrimination, injury, or harassment, you have the right to work without fear of retaliation. Some common examples of workplace retaliation include:

• Harassed or fired by an employer for filing a workers’ compensation claim
• Demoted for refusing to commit illegal acts per your employer’s request
• Disciplined for requesting a leave of absence under the Family and Medical Leave Act (FMLA)
• Fired for whistleblowing against unlawful practices in the workplace
• Reducing pay for speaking out against sexual harassment
• Terminated for reporting Occupational Health and Safety Administration (OSHA) violations

Whether you suspect retaliation for yourself or a co-worker, seek guidance from an experienced workplace retaliation lawyer immediately. Whether the retaliation involves discrimination, injury, or OSHA violations, a skilled OSHA lawyer will help you prove your case and win you the justice you deserve. You have the right to report illegal instances in the workplace so that you and all your co-workers can enjoy a safe work environment.

Laws Protecting Workers From Retaliation

Many businesses have specific company policies in place about workplace retaliation. However, employees are also protected at the state and federal levels. Federal labor laws forbid employer retaliation against workers for any of the following circumstances:

• Exercising rights under the law
• Suspected employer violations reported under proper jurisdiction
• Employee participates in court proceedings as a plaintiff or witness

Retaliation is illegal on the federal level because of many governmental protections, which include, but are not limited to:

Discrimination or Harassment Claim

Employees are legally allowed to file a complaint with a company, a formal claim with a government agency, or file and participate in a discrimination or harassment lawsuit. An employer may not retaliate against an employee for participating in any of these circumstances.

Fair Labor Standards Act (FLSA) Claims

According to the federal Fair Labor Standards Act (FLSA), an employer cannot retaliate by discriminating against a worker if the employee is entitled to receive minimum wage or overtime pay.

Whistleblowers

Under the Whistleblower Protection Act, all employees are protected for “blowing the whistle” and reporting misconduct or violated labor laws. If a successful lawsuit comes from the reported information, the whistleblower will likely be entitled to a portion of the collected winnings.

Joining a Union

The Protecting the Right to Organize (PRO) Act prohibits an employer from retaliating against employees for forming or joining a union. An employer cannot retaliate against a worker for joining justifiable union events. Additionally, right-to-work and other employment laws bar employers and unions from retaliating against a worker should they choose not to join a union or resign from membership.

Seeking Due Benefits

If an employee lawfully seeks workers’ compensation or other due benefits, it is illegal for an employer to seek revenge on the employee. Each state has differing laws about illegal methods of retaliation as well as workers’ benefits.