Retaliation
Retaliation is entirely too common. It happens in cases when an employee exercises a right that is protected under the law and their employer takes adverse employment action against them.
A protected right is something that the law gives you the right to do. Opposing employer conduct that the employee believes is illegal is protected under the law. For example, under Title VII of the Civil Rights Act of 1964, it is illegal for employers to discriminate against employees on the basis of gender. The U.S. Supreme Court has ruled that sexual harassment is gender discrimination. Thus, an employee is protected when they report sexual harassment to an authority in the company. If the company then takes an adverse employment action that is not completely unrelated to the report, the company has retaliated against the employee.
Testifying on behalf of another employee who is making a report of discrimination is also protected conduct. Thus, even if you cannot prove a discrimination claim, you may still have a case if your employer retaliated against you when you reported on a discriminatory act.
Discrimination is a specific claim with a specific burden of proof. A case can turn on a variety of facts and elements. Most people would be shocked to hear of the type of employer behavior that the courts say is not discrimination. However, opposing conduct that the employee believes is discriminatory is protected by law.
Our Process
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People come to us when they feel they’ve been wronged by an employer. They seek help from an employment attorney because they may have been dismissed without cause, subjected to a breach of an employment contract, or they may have suffered in some other way at the hands of their employer.
Our process differs from other employment attorneys in Georgia. We take the time to get to know you and your challenges. Many of our clients first come to us with a problem that — while unfair — may not actually be illegal. However, after taking the time to sit down and speak with them, our expert Atlanta employment law attorneys often find that the client has a case they were previously unaware of.
For example, your employer may have the right to fire you for any reason or no reason at all. They do not, however, have the right to retaliate against you for exercising your rights. If we can prove that you were dismissed as a form of retaliation for, say, reporting a case of sexual harassment, then we have a strong case to bring against your former employer.
This is where Ben Barrett Law differs from other employment law firms in Georgia. Our process begins with an in-depth consultation in which we’ll get to know you, your problem, and your needs. We’ll help you understand the laws that apply to your case and how to best proceed. We will then use our expertise to fight for your rights and get you the best results possible.
If you believe that you may have an employment law case, please don’t hesitate to reach out to us today. Call (404)845-7449 or fill out our online contact form for your complimentary phone consultation.