L & D Littner, Deschler & Littner - personal injury | Attorneys at Law
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Building a case to prove employer retaliation

No one should ever be made to feel guilty, alienated or punished as the result of making a complaint or engaging in whistleblowing in the workplace. This is why Equal Employment Opportunity (EEO) laws protect employees from retaliation at work. If you believe that you are being retaliated against, it is very likely that you will be able to take successful legal action.

However, in order to be successful when making a claim, you will need to have the appropriate evidence of retaliation. You should start recording information so that you can provide evidence as soon as you suspect that retaliation is taking place. The following are some ways in which you can do this.

Have evidence that you are protected from retaliation

In order to be protected from retaliation, you will need to have engaged in a protected activity. If you made a complaint, for example, you should have written evidence. Additionally, if you experienced sexual harassment or intervened in an incident that was perceived to be sexual harassment, you should make sure you can refer to this as a reason for your protection from retaliation.

Record all behavior or action that you perceive to be retaliation

When possible, you should try to keep conversations with your managers in writing so that you are able to retain evidence. If you experience any informal situations that you perceive to be retaliation, you should immediately note them down, and record who was witness to the interaction.

If you are having difficulties in your workplace because of retaliation, it is important that you do not tolerate this. By taking swift action, you will be able to assert your rights.

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