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Phoenix Work Retaliation Lawyer

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Arizona is an at-will employment state, so employees and employers can terminate their relationship at will. However, there are specific situations where you can challenge your termination and other adverse actions.

If you believe your employer has retaliated against you, Stone Rose Law can help you prepare your case. 

Please call us at (480) 498-8998 to speak with a Phoenix work retaliation lawyer.

What Is a Protected Activity? 

In an employer retaliation case, a legally protected activity is any activity by workers that is legally protected from retaliatory actions by state and federal laws. 

For example, you may hear a manager say that they never hire anyone from a certain gender or racial background or gender. If a job applicant files a complaint with the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964, you’re legally protected if you testify.

Similar protections keep you safe if your employer denies a promotion because you take leave under the Family and Medical Leave Act (FMLA). Taking your FMLA is a protected activity, so you can report violations.

If you’re fired because an employer won’t let you sit or use assistive technology for a disability, you can file a complaint under the Americans with Disabilities Act (ADA). All the actions you take to assert your rights, such as filing a complaint or requesting accommodation, are protected activities. 

Thanks to the ADA, you’re also legally allowed to ask for disability accommodations as long as it doesn’t cause undue hardship. If your employer punishes you for your request, you may have grounds for an employment retaliation claim.

Many state and federal laws protect you from retaliation if you report illegal activities. Under an Arizona whistleblower law known as Arizona Employment Protection Act (AEPA), you are protected from retaliation for filing complaints about anything that violates state laws.

Under equal employment opportunity (EEO) statutes, you and other employees are protected in the following instances.

  • Opposing a discriminatory practice
  • Participating in EEO proceedings
  • Taking part in an EEO-protected activity

How Long Do You Have to File a Retaliation Complaint?

You have 180 days from the date of the alleged employer retaliation to report incidents that involve the ACRA to the Arizona Civil Rights Division. National anti-discrimination laws generally use the same 180-day rule, but the timeline can be extended to 300 days if a state or local agency has a similar prohibition in place.

Because of this, it’s important to move quickly if you have been the subject of adverse employment actions under federal and state laws. A skilled employer retaliation lawyer can review your case and discuss the next steps for filing a complaint. 

What Are Some Common Examples of Employer Retaliation?

Employer retaliation can come in many different forms: 

  • Firing an employee
  • Denying a promotion
  • Laying off the employee
  • Not offering job opportunities, like desirable projects or clients
  • Changing the employee’s work schedule
  • Switching their work location
  • Giving an unjustifiably poor performance review
  • Harassing the employee
  • Reducing the worker’s benefits or wages
  • Denying a wage increase
  • Threatening the employee’s immigration status or work visa

Often, employer retaliation is less blatant than outright termination. It may involve verbal abuse, added scrutiny, and other behaviors that make the employee’s work environment unbearable.

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Why Would an Employer Retaliate Against a Worker? 

An employer may take adverse action for various reasons. However, no matter what the employer uses to justify their negative action, it is illegal if it is prohibited by a state or national employment law.

If your employer fires, demotes, or takes another adverse employment action because of these reasons, you can talk to a work retaliation attorney about the best methods for pursuing your legal case.

How a Work Retaliation Lawyer Helps Your Case

Navigating an employer retaliation case can be challenging if you don’t have experience working with the legal system. With the help of a workplace retaliation lawyer, you can get important support in litigating your case.

  • Understand Your Rights: Your employment lawyer can provide legal advice about workplace retaliation laws and the odds of success in your case. They’ll evaluate the strengths and weaknesses, so you can build the best legal strategy.
  • Collect Evidence: To win your case, you need to back your claim with solid evidence. Your employment attorney will help interview witnesses, document complaints, preserve evidence, and store performance reviews to support your workplace retaliation claim.
  • Develop Your Legal Strategy: Throughout the process, your lawyer will build a strong legal strategy. They can negotiate a settlement with your employer, file complaints with the appropriate agency, and litigate the case in court.
  • Seek Compensation: With the assistance of your workplace retaliation attorney, you can determine the best way to recover damages for back overtime pay, lost wages, attorney’s fees, and emotional distress.

As the employee, you have the burden of proving that your employer engaged in unlawful retaliation. By consulting with an employment lawyer, you can determine if you have enough proof to win your case. 

For a free consultation about your workplace retaliation case, reach out to our employment attorneys at (480) 498-8998.

What To Do If You Experience Retaliation in the Workplace 

If an employer has taken adverse actions like firing, demoting, suspending, transferring, or harassing you, there are a few steps you should take to protect your legal rights.

  1. Document the date, time, and details of the retaliation.
  2. Save documents related to the retaliation.
  3. Consult the employee handbook to internally report the retaliatory action.
  4. Report the action to the appropriate agency if complaining internally didn’t work.
  5. Talk to a Phoenix employment retaliation lawyer about the best options for your case.

You should avoid quitting your job because there may be a non-retaliatory reason for the action. To avoid harming your case, you should also never discuss evidence and case details with other people.

Take Legal Action on Your Workplace Retaliation Case

If you’re dealing with employer retaliation for your involvement in legally protected activities, a work retaliation lawyer may be able to help. During the initial consultation, we will review your case and discuss the best methods for protecting your legal rights.

Our team is committed to helping you reach the best outcome. At Stone Rose Law, our employment lawyers have achieved more than $100 million in compensation for our clients.

Consulting with a skilled Phoenix employment law attorney can help you choose the best course of action. Call us today at (480) 498-8998.