Chicago Employment Lawyer says Employers Barred from Retaliating against Workers Engaging in Protected Conduct
Even though there are a variety of laws that protect workers from discrimination, it still happens.
Chicago, IL (Law Firm Newswire) December 7, 2010 – “If at any time you feel that you have been subjected to any sort of retaliation in the workplace, you will want to immediately call a Chicago employment lawyer and find out your rights and what protection(s) are offered to workers under federal, state and/or local laws,” said Chicago employment attorney, Timothy Coffey, of The Coffey Law Office, P.C., in Chicago, Illinois.
For example, under many federal and state statutes, an employer may not take action against an individual who has engaged in what is referred to as protected conduct. “By this, we mean that an employee is, in many cases, protected from adverse action if they complain about what they, in good faith, believe is illegal discrimination or harassment or offer testimony or participate in an investigation into possible workplace discrimination or harassment ,” Coffey said.
In some states, there is legal protection available to those who file informal as well as formal complaints. “But this is something you need to check with your Chicago employment lawyer to find out if you are indeed protected,” Coffey said.
Should someone who has filed a formal complaint be fired, demoted, have their job title changed, have their job responsibilities reduced or any other action that in effect red-circles a worker and retards their advancement in the company, this may fall into the category of retaliation.
“Is this hard to prove? It can be. You need to be able to prove three things: you were engaged in a ‘protected conduct,’ that there was an adverse action by the employer after the conduct was performed and that the retaliation was the proximate cause of you doing that protected conduct,” Coffey said. A seasoned Chicago employment lawyer will be able to present a case like this in court.
If retaliation in the workplace is proven, the individual may be eligible for compensation for lost wages and benefits, and for mental stress and anxiety that occurred as a result of the retaliation, and in some cases punitive damages.
“Before running out and filing a retaliation discrimination claim,” said Chicago employment attorney, Timothy Coffey. “I strongly suggest that you discuss the issues involved with an employment lawyer as soon as possible, including all remedies that may be available to you such as possible reinstatement to your previous position, as well as compensation for any lost wages and emotional distress.”
Timothy Coffey is a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace. To learn more or to contact a Chicago employment attorney, visit Employmentlawcounsel.com.
THE COFFEY LAW OFFICE, P.C.
351 W. Hubbard Street, Suite 602
Chicago, IL 60654