Retaliation
Man must evolve for all human conflict a method which rejects revenge, aggression, and retaliation.”
–Martin Luther King, Jr.
Employers are prohibited from retaliating against employees who engage in protected conduct. If the federal, state, or local government is your employer, you are entitled to even greater protections, including the First Amendment right to free speech. There are many different categories of protected speech and conduct. If you think your employer may have treated you differently because of your speech or a complaint you made, then you may have a claim. Common categories of protected complaints include:
- Complaints of harassment or discrimination;
- Complaints concerning low wages or terms of employment;
- Complaints concerning failure to pay overtime;
- Complaints concerning unsafe workplace conditions;
- Complaints concerning the violations of the law;
- Complaints concerning fraud; and
- Complaints concerning corruption.
In addition to complaints, other conduct you engage in can constitute protected conduct. For example, you cannot be disciplined for participating in most government investigations, such as an investigation by the SEC or EEOC (see also our section regarding whistleblowers). You also cannot be retaliated against for exercising rights granted to you by many laws, such taking FMLA leave for a qualifying medical condition or requesting a reasonable accommodation based on a disability. When determining whether or not you think you may have been retaliated against, it is important to identify any other employees who were treated differently than you were treated.