It can be confusing, but when being treated unfairly at work, it could actually be considered retaliation. Either way, you could have some sort of claim on your hands. Before moving forward with any legal action, speak with an attorney and learn the difference between retaliation and unfair treatment.
Did you know that retaliation in the workplace is actually very common? The United States Equal Employment Opportunity Commission receives plenty of complaints each year.
The EEOC’s official definition states that retaliation in a work setting comprises a narrower set of circumstances than what is considered everyday retaliation. Three things must be present for a valid retaliation claim as stated in the Civil Rights Acts of 1964:
- You have engaged in protected activity
- Your employer took adverse action against you
- Your employer did this because you engaged in protected activity
Those who have filed a discrimination in the workplace claim are always encouraged to do so and should be protected from fear of being fired or punished for doing so. A retaliation reaction to filing a claim could be in the form of being denied a promotion, denied job benefits, a demotion, a suspension, or even a discharge from your job.
To move forward with a retaliation claim, you must provide evidence. Keep in mind that direct evidence can be very hard to find, but with the right attorney, like the skilled team at Hernandez Law, they will be able to prove it.
Unfair treatment in the workplace is when you have either been denied a promotion, denied job benefits, a demotion, a suspension, or even a discharge from your job for no reason and before filing any workplace discrimination claims. When this happens, you should always speak with an attorney to know your rights.