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What would constitute retaliation for filing an employment law action?

If an employee files an Equal Employment Opportunity Commission (EEOC) complaint against his or her employer, the employee will receive legal protection from "retaliation" for filing that complaint. Retaliation in this context refers to a negative action against the employee in response to his or her exercising the legal right to file an EEOC complaint. When employees are retaliated against, they can pursue additional legal damages and remedies as a result of that retaliation.

According to the EEOC's website, here are a few actions that might constitute retaliation by an employer in response to pursuing an EEOC complaint:

  • Giving an employee a bad performance review or reprimanding the employee.
  • Moving the employee into a less interesting job.
  • Verbally abusing the employee.
  • Threatening to tell immigration that the employee is an unlawful immigrant or threatening to go to authorities about some other behavior.
  • Putting an increased level of scrutiny on the employee.
  • Spreading false rumors about the employee and treating the employee negatively, or treating the employee's family in an unfavorable way.
  • Giving more difficult or undesirable job tasks to the employee. Or, making the employee's job schedule conflict with his or her need to take care of family concerns.
  • Terminating the employment of the worker.

There are numerous ways by which an employee could face this kind of retaliation during an EEOC complaint. If you're being retaliated against you can stand up for your rights by speaking with a qualified attorney about your situation. In some cases, employees might be able to seek financial compensation for EEOC retaliation relating to wrongful termination and actions being used against them.

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