What Is Considered To Be Retaliatory Discharge And Who Can Help?

Imagine that you notice something illegal in your Charleston workplace such as discrimination or even something as basic as a safety concern and you report it to your employer. He is not happy with your report for one reason or another and decides to terminate you in retaliation. If this happens you have the right to file a retaliatory discharge. In other words, if your employer fires you for anything other than your job-related performance or illegal activity you have the right to sue for compensation.

Although the law differ from state to state there are 3 things that you need to prove regardless of which state you are suing in.

  • That the employee engaged in a protected act – this means that you have to prove that what you were doing was not illegal, such as complaining about discrimination.
  • You have to prove that the employer took punitive steps – that you were fired, disciplined or any other retaliation you may have received. It can even things like delayed increase in pay.
  • That there is a causal relationship between your protected act and the punitive measures taken against you.

If you feel that your employer is punishing you in one way or another for a complaint that you have brought before them the first thing that you should do is seek out the help of a Charleston retaliatory discharge attorney. They will help you get your facts straight. Remember, your employer will be very keen to prove that you were fired for poor job performance or illegal activity.

By seeking the help of a retaliatory discharge attorney you will ensure that all bases are covered. He will make sure to make a record of exactly what happen, when it happen and why. They will also advise you about whether your claim is strong enough for you to get compensation. The truth is that in many cases employers cover their tracks so well that it is difficult to determine that they are at fault. If, however, you seek out a Charleston retaliatory discharge attorney who has experience in these matters you may never even need to go to court – they will get you an out-of-court settlement.

If you have a concern about your legal rights, remedies, and obligations contact the experienced lawyers of the Law Office of Freeman & Chiartas.