Retaliatory termination is when an employee is fired as punishment for engaging in a legally protected activity. It can result in high compensation fees for the company. Employers rarely state retaliation outright, so investigation is often necessary. Employees who suspect retaliation can contact a lawyer for help. Termination as punishment is illegal in most places, so companies document reasons for firing employees.
A retaliatory termination is a situation in which an employee is terminated as punishment or retaliation for engaging in a legally protected activity, such as filing a discrimination complaint, reporting illegal activity within the company, or refusing to engage in discriminatory behavior even when the employer directs it. This is a form of wrongful termination. Companies that engage in retaliatory terminations can end up paying high compensation fees for employee injuries, providing compensation not only for lost wages, but for other issues such as mental anguish.
For it to be considered a retaliatory discharge, there must be a clear link between the protected activity and a gunshot. Few employers are unwise enough to state outright that they are firing someone in retaliation, because they don’t want to leave employees with hard evidence like a letter clearly stating that someone was fired for filing a discrimination complaint. As a result, some investigation is often required to find out more about a pitch.
When an employee engages in a protected activity and is fired shortly thereafter, an argument that was a retaliatory firing was possible. The argument can be strengthened by the evidence that prior to the firing the company did not appear to be preparing to fire the employee and that the firing was too closely related to behavior to be a coincidence.
Persons who suspect that they have been discharged in retaliation can contact a lawyer. The attorney can review the situation, determine whether or not the person has a case, and take steps to help the person cover damages for lost work. Discharges can also damage a worker’s reputation, making this a big part of the case as well; An accountant who is subject to a retaliatory dismissal, for example, might have a hard time finding new clients because people might worry about why the accountant was fired.
Termination as a punishment is not legal in most places, whether an employee is terminated for filing a disability claim, complaining of harassment or discrimination, refusing to engage in illegal activity, or reporting wrongdoing. For this reason, companies are careful to document the situations in which they are forced to fire employees. In the event that an employee is fired during the period of a protected activity, the company has documentation proving it had reason to fire the employee, such as numerous documents proving an employee was alerted to a recurring behavior problem.
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