Phoenix Workplace Retaliation Lawyer
What happens when an employee finds out that their employer or even their manager does something illegal, reports it, and is punished for it? Maybe the employee is fired, receives a demotion, or a pay reduction? Is workplace retaliation in Phoenix legal? What if the employee was being harassed at work in some way and files an EEOC claim and the employer or manager retaliates against the employee?
If you are in Phoenix or the surrounding area and are involved in a workplace retaliation matter, schedule your confidential consultation with The Foster Group now. We’re here to help.
What Is Workplace Retaliation?
Workplace retaliation is defined as an adverse reaction taken by an employer such as a manager, supervisor, or administrator who is in charge of the employee. The adverse action is taken against the employee for taking part in some type of protected activity. So, what is an adverse action? An adverse action is defined by the Department of Labor as an action that could discourage reasonable employees from bringing up concerns about potential violations made by the employer or taking part in other protected activities.
Retaliation in the workplace could be firing an employee. However, the Department of Labor lists it as an action that has “a negative impact on overall employee morale.”
Is Workplace Retaliation Legal?
Workplace retaliation is illegal. It’s not just about when an employee reports their employer for not paying overtime as required for certain workers or for employment discrimination at the federal or state levels. Workplace retaliation is illegal if an employee who qualifies for FMLA requests time off under this federal law but is then punished for using it after they were approved.
Another example of workplace retaliation in Phoenix is if workers are denied their legally mandated breaks. Let’s say they try to take their break or even just ask about them. Their supervisor becomes angry and threatens to fire them. This is an example of workplace retaliation. If the supervisor threatened to physically hurt them, this would be another example of workplace retaliation.
Federal Laws Protecting Workers from Retaliation
The Department of Labor is the federal entity involved in enforcing workplace retaliation laws. There are several federal laws enforced by the Department of Labor that prevent retaliation by employers. Some of the laws include, but are not limited to:
- Fair Labor Standards Act
- H-2A Temporary Visa Program
- H-2B Temporary Visa Program
- Family Medical Leave Act
Does Arizona Have a Law Protecting Workers from Retaliation?
Under Arizona law, it is illegal for employers to retaliate against employees. Employees must file a state-level claim with the Arizona Civil Rights Division within 180 days of when the incident occurs unless it has something to do with health and safety. To learn more, schedule your confidential consultation with The Foster Group now.
How Can a Workplace Retaliation Attorney Help You?
Whether you’re an employee or an employer, The Foster Group can help you navigate the world of a workplace retaliation claim if you’re in Phoenix or the surrounding area. Schedule your confidential consultation now with a Phoenix workplace retaliation attorney.