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Employer Retaliation Michel Allen & Sinor Is Here For You

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Birmingham Employment Retaliation Lawyer

Dedicated Advocacy for Workplace Justice in Alabama

Unfortunately, sometimes, when an employee files a complaint against their employer for discrimination or unlawful practice, the employer retaliates against that individual. According to the U.S. Equal Employment Opportunity Commission, retaliation occurs when an employer takes an adverse employment action against a covered person involved in a protected activity. An adverse action could include the following:

  • Termination
  • Disciplinary measures
  • Demotion or reassignment
  • Refusing to hire
  • Denying rightful promotion
  • Un evaluations
  • Threats/Assault 
  • Increased observation

If any of these adverse employment actions are committed against you after you engaged in protected activity like filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission or opposing discrimination or harassment through company-provided reporting channels, you need to report retaliation to take action to protect your rights by reporting the retaliation to an appropriate government agency or your attorney. The attorneys at Michel Allen & Sinor have helped hundreds of employees through this process.

Facing retaliation at work? Don’t wait—protect your rights today. Contact us at (205) 265-1880 for a free consultation.

How to Prove Retaliation

Several elements must be shown to prove employer retaliation.

  • Make your employer aware that you feel harassed or discriminated against.
  • Prove that your employer took adverse action against you.
  • Prove that there was a connection between the adverse action and the protected activity.

If you experienced unlawful conduct, it is essential to report the misconduct by your employer and that your employer is aware that you did it. You can show that an employer acted adversely against you in many ways. This can be a demotion, reduced hours, reduced wages, termination, or several other adverse employment actions after you reported unlawful conduct.

You can prove the connection between adverse actions using direct or circumstantial evidence. Direct evidence would be statements such as emails, letters, or verbal conversations that confirm your employer's wrongful action. If you have direct evidence of retaliation, ensure you protect that information at all costs. Circumstantial evidence documents the timing of your employer's actions. If your employer retaliated soon after you engaged in protected activity, this can be used as circumstantial evidence to prove your employer retaliated against you. You might also show that an employer has a history of retaliating against other employees who pursued a protected activity.

It is important to note that retaliation is tough to prove that your employer has a legitimate reason for their adverse action. Reasons could include absence, low performance, or other abuses.

Seek Justice with Our Birmingham Employment Law Team

Our Birmingham employer retaliation lawyers at Michel Allen & Sinor can give legal counsel whenever you need it. If you have been a victim of employer retaliation, contact us immediately. We are committed to passionately defending our clients against any unlawful employer treatment. Take advantage of our free, confidential case evaluation that we offer to clients interested in learning more about our legal services. You can expect to work one-on-one with a licensed attorney at our firm. 

Understanding Workplace Retaliation in Birmingham: Local Insights and Resources

Living and working in Birmingham, Alabama, comes with its unique set of challenges and opportunities. As a vibrant city with a rich history, Birmingham is home to a diverse workforce. However, workplace retaliation remains a significant issue that many employees face. If you believe you are experiencing retaliation at work, it's crucial to understand your rights and the local resources available to you.

The City of Birmingham and the State of Alabama have various agencies and resources dedicated to protecting workers' rights. For instance, the Alabama Attorney General's Office and the Alabama Department of Labor can provide guidance and support if you face workplace retaliation.

One common pain point for Birmingham employees is the fear of losing their job or facing demotion after reporting discrimination or harassment. This fear is not unfounded, as many local workers have experienced adverse actions such as termination, reduced hours, or unfair evaluations. These actions can create a hostile work environment, making it difficult for employees to perform their duties effectively.

At Michel Allen & Sinor, we understand the local landscape and the specific challenges Birmingham employees face. Our team is well-versed in Alabama employment laws and can help you navigate the complexities of your retaliation claim. We are committed to ensuring that your rights are protected and that you receive the justice you deserve.

If you are dealing with workplace retaliation, don't hesitate to reach out to us. We offer a free, confidential consultation to discuss your situation and explore your legal options. Our goal is to provide you with the support and representation you need to stand up against unlawful employer actions.

Steps to Take If You Believe You're Facing Retaliation

If you suspect your employer is retaliating against you after engaging in a protected activity, it's important to act quickly. Here are some steps to help you protect your rights:

  • Document Everything
    Keep a detailed record of any adverse actions taken against you (such as termination, demotion, or a performance review). Be sure to note dates, times, and any communications that might link these actions to your protected activity.
  • Report the Retaliation
    Notify your employer in writing about the retaliation, following your company's internal grievance procedures. This creates an official record of your complaint.
  • File a Complaint with the EEOC or Other Agency
    If internal reporting doesn’t resolve the issue, file a formal retaliation complaint with the EEOC or the Alabama Department of Labor. These agencies can investigate the retaliation claims and help protect your rights.
  • Seek Legal Advice
    Contact an employment lawyer to review your case. A lawyer can help you understand your rights, assess whether retaliation has occurred, and guide you through the next steps.

Key Legal Protections Against Retaliation in Alabama

Alabama employees are protected by both state and federal laws that prevent retaliation. Some key legal protections include:

  • Title VII of the Civil Rights Act
    This federal law protects employees from retaliation for complaining about discrimination or participating in investigations related to discrimination based on race, color, religion, sex, or national origin.
  • The Fair Labor Standards Act (FLSA)
    Under the FLSA, employees are protected from retaliation for complaining about unpaid wages, overtime violations, or other issues related to labor standards.
  • Family and Medical Leave Act (FMLA)
    If you take leave under the FMLA to care for a family member or address your own health condition, the law protects you from retaliation like firing or demotion for using this benefit.

These laws ensure that workers are free to report unlawful practices and stand up for their rights without fear of retaliation. Understanding these protections can help employees feel more confident in taking the necessary steps to safeguard their interests.

Commonly Asked Questions

  • What Constitutes Workplace Retaliation in Birmingham, Alabama?
    In Birmingham, Alabama, workplace retaliation refers to adverse actions taken by an employer against an employee who has engaged in protected activities, such as filing a discrimination complaint or opposing unlawful practices. These actions can include but aren't limited to termination, disciplinary measures, demotion, denial of promotion, unlawful evaluations, threats, or increased observation.
  • Why Should I Choose Michel Allen & Sinor for My Workplace Retaliation Case in Birmingham?
    Michel Allen & Sinor is dedicated to defending clients against unlawful employer treatment in Birmingham. With over 50 years of combined experience, we provide passionate advocacy and legal counsel. Furthermore, we offer a free, confidential case evaluation and work closely with clients to provide personalized attention as we guide clients through the complexities of workplace retaliation cases. 
  • Is there a time limit for filing a retaliation claim in Alabama?
    Yes, retaliation claims must generally be filed within 180 days of the retaliatory act. However, this time frame can vary depending on the specific law under which you are filing, so it’s important to act quickly and consult with an attorney.
  • What should I do if my employer gives me poor performance reviews after filing a complaint?
    If you believe that a poor performance review is retaliatory, document the circumstances surrounding the review. If it occurred shortly after filing a complaint or engaging in a protected activity, it could be considered retaliation. You may want to report this to your employer or file a formal complaint with a regulatory agency.
  • Can I file a retaliation claim if I haven’t been formally fired or demoted?
    Yes. Retaliation doesn’t always involve termination or demotion. Any adverse action, like a reduction in hours, exclusion from important meetings, or unfair disciplinary actions, can qualify as retaliation if it occurs after engaging in a protected activity.

Need help with a retaliation claim? Our team is here to help. Contact us now at (205) 265-1880 to speak with an experienced employment attorney.

Contact Michel Allen & Sinor Today!

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