Nashville Retaliation Lawyer

Workplace Retaliation Attorney in Nashville, TN

Retaliation can take many forms, including an employer firing the employee, demoting or suspending the employee, or making the workplace too hostile for the employee to stand.

If you have been a victim of workplace retaliation, Yezbak Law can help stand up against your employer. Retaliation is a complicated area of law, and retaliation claims can be time sensitive. It is imperative to seek legal advice as early as possible.

Types of Retaliation

After Requesting or Taking FMLA Leave

Some employees are eligible for up to three months leave during a twelve-month period for specific medical reasons and/or issues concerning their family under the Family and Medical Leave Act (FMLA). Employees may experience retaliation for asking for FMLA leave.

After Requesting a Reasonable Disability Accommodation

Employees who have a disability under the Americans with Disabilities Act may qualify for reasonable accommodations at work. A reasonable accommodation is any change to the application or hiring process, to the job and the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and to enjoy equal employment opportunities. Accommodations are considered “reasonable” if they do not create an undue hardship. An applicant or employee may experience retaliation after asking for a reasonable accommodation.

After Reporting Harassment, Discrimination, or Fraud

Employees who report harassment, discrimination, or illegal activity by their employer may face retaliation. This includes employees who report harassment that they are experiencing themselves or if they report on behalf of another employee.

After Complaining About Pay Issues

Not all pay complaints are protected, but retaliation after complaining about minimum wage violations, working off the clock, overtime pay violations, misclassification, or unequal pay based on sex/gender may be illegal.

After Showing Interest in Starting or Joining a Union

Under federal law, most employees have the right to form, join, or assist a union and cannot be disciplined, demoted, or penalized in any way for engaging in these activities.

After Participating in an Investigation into Workplace Wrongdoing

Generally it is unlawful to retaliate against employees who serve as witnesses or in other ways participate in investigations into workplace wrongdoing. This includes investigations by the Equal Employment Opportunity Commission, the Tennessee Human Rights Commission, the Department of Labor, or law enforcement.

Frequently Asked Questions (FAQs) Nashville, TN Retaliation Laws

Do I have to sign write-ups from my manager if I disagree with them?

Your signature shows that you received the written document and the information it contains. Your signature does not normally mean that you agree with the facts described. Ultimately the employer can write, “refused to sign” and place the document into your personnel file just as if you had signed it. In most cases, it will not affect your right to pursue legal claims against your employer.

If I filed a complaint against my manager and then they put me on a PIP, is that retaliation?

It depends on the details of your complaint. Generally, a complaint is not protected against retaliation unless the complaint cites illegal discrimination or unlawful retaliation as the cause of the problem. So if you just complain that you are being “micromanaged,” or that your boss is “creating a hostile environment,” then you may not be protected against retaliation for the complaint. Protected complaints may include allegations of discrimination and complaints of retaliation for asking about or discussing your wages, or for attempting to unionize, or for making a whistleblower complaint to a government agency. Be sure to keep copies of any complaints you file. Your employer also has the right to put employees on improvement plans to address performance issues. Evaluation of any written complaints and the reasons for the PIP is a key step in determining whether the employer has violated your rights.

My boss is harassing me all the time over petty details and I’m thinking about quitting. Can I still sue for harassment if I quit?

Leaving a job voluntarily is a big decision. Even if you do have legal claims against the employer, the pursuit of money damages for those claims could potentially take three years or more. And unless your claims are very strong, it will be an uphill battle to prove that the situation was so bad that it effectively altered the working conditions of the job so dramatically that basically any reasonable person would have chosen to leave. If you are considering a voluntary resignation when you believe you are experiencing discrimination or retaliation for protected activity, you should consider consulting an experienced employment attorney first.