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Retaliatory lawsuits are brought by employees who have suffered negative consequences for reporting illegal or unethical behavior by their employer. These lawsuits typically involve actions such as demotion, termination, or harassment. National labor laws vary, but often protect whistleblowers. Successful litigants must demonstrate a direct link between their reporting actions and the retaliation they experienced. Some countries also have laws protecting family members of whistleblowers.
Retaliatory lawsuits are lawsuits that are typically brought against employers or businesses by people who have been fired, demoted, or otherwise deprived of priority. In most cases they state that the job status was changed not because of a lack of performance or other good cause, but rather as a specific response to something the employee did that made the company look bad – something that was totally legal and in some cases even necessary. Most of these lawsuits involve things like reporting internal fraud, discriminatory hiring practices, or improper reporting. Employees who betray their companies by turning over this type of information to the authorities are often known as “whistleblowers.” Labor laws in many countries offer some protections for people who are included in this group, but sometimes people still get fired or demoted for reasons that, on paper at least, are unrelated to their whistleblowing activities. Retaliatory actions are often brought in these situations.
common scenarios
Most complaints revolve around certain retaliatory actions by the company that can be traced back to a permissive, but usually unpopular, action by the employee. For example, if a worker reports dangerous product defects or safety violations and a company downgrades, fires, or otherwise punishes him or her at a later date, this could form the basis for a retaliatory lawsuit against the company. People who alert authorities to fraud or accounting discrepancies may find themselves in similar situations.
One of the reasons for allowing this type of lawsuit is to provide support to employees who become “whistleblowers” and encourage them to report to the authorities if their employer is doing something illegal. However, not all corporate retaliation cases constitute valid cases, and the most successful litigants are usually those who are able to demonstrate that any discrimination or deprioritization they felt was directly related to their reporting actions. Simply being demoted unfairly or being fired for personal conflicts usually doesn’t qualify.
Essentials
While retaliation cases vary in different countries, many of them share some similar characteristics. They typically cover a spectrum of behavior by the employer, including wage reduction, termination, intimidation or harassment. Additionally, the employee usually must have suffered some sort of actual harm, financial or emotional, which can be proven in court.
Differences in national labor laws
Just like other types of litigation, retaliatory actions are initiated in different ways in all countries of the world. Each national legal system has its own basic code, with aspects relating to the issue of retaliation and the relationship between workers and their employers. Looking at a country’s judicial system can help show whether government leadership is paying attention to potentially illegal behavior by major national companies.
In general, legal professionals representing plaintiffs in a retaliatory lawsuit will cite particular legislation that will support their cases. For example, in the United States, a retaliatory lawsuit may be filed under the Fair Labor Standards Act, which includes protections for workers. Other retaliation cases may be brought under applicable parts of the Americans with Disabilities Act, or a part of the legal code called Title VII. In other countries, these lawsuits will be based on different legislation with different caveats and definitions, but usually the same overall goal. In most systems, the employee bringing this type of case will typically explain how they followed the law, how the company didn’t, and how the actual damages occurred.
Possible inclusion of family members
Many modern legal systems also have a separate class of retaliation cases that involve retaliation not against the employee, but against their family members. Some of the most unique cases in this field have involved retaliation against spouses, romantic partners or parents. Court officials involved in these types of cases need to understand whether the accused action constitutes formal retaliation under existing labor laws, and more importantly, whether it should.
