Workplace Retaliation Attorneys Fighting For Clients In Iowa And Nebraska

When an employee has the right or obligation to take an action, the employer cannot punish the employee for taking that action. You cannot legally be disciplined, demoted, denied a promotion or fired because of that action. In addition, a governmental employer cannot fire you for disclosing something that you reasonably believe violates a law or constitutes an abuse of funds, an abuse of authority, or a danger to public safety.

These are all examples of protected activity – things you can’t be retaliated against for doing. This list does not contain every single basis that might exist for illegal retaliation. If you think you’ve faced retaliation at work, reach out our skilled legal team at Fiedler Law Firm, P.L.C. Our trusted lawyers have a strong track record of success on behalf of clients, and we are never afraid to take cases to trial if that is what gives wronged workers the best chance of a favorable outcome.

Examples Of Acts That Protect You From Retaliation

Under state and federal law, it is illegal for your employer to retaliate against you for taking any of these protected actions:

• Filing a claim for workers’ compensation or unemployment benefits
• Reporting illegal or discriminatory behavior by a co-worker, supervisor, or the company
• Military service, voting in an election or reporting for jury duty
• Reporting unsafe working conditions or overtime violations
• Asking for reasonable accommodation of your pregnancy, disability or religion

Your employer may be relying on the assumption that you don’t know these activities are protected. Educating yourself about your rights is the first step in fighting back.

Common Workplace Retaliation Scenarios And How You Can Respond

Below, we’ve provided examples similar to the experiences of current and former clients. For each scenario, there is also an attorney response.

Scenario one: “I received a subpoena to have my deposition taken. This absence from work put me over the limit allowed by my employer and they fired me. Can they do this?”
Attorney response: No. You were legally required to be absent from work. They can’t fire you for this.

Scenario two: “I was interviewed by an investigator about some sexually harassing comments I overheard. I wasn’t the one who complained, but I told them what I knew. Now my supervisor is questioning my loyalty and commitment to our organization. Is this retaliation?”
Attorney response: Yes. You are protected due to your participation in the investigation.

Scenario three: “I was denied a promotion because I’ll be absent periodically to serve in the National Guard. They said they can accommodate my absences in my current position, but the one I was applying for requires me to be at work full time. Is that true?”
Attorney response: No. Employers are required to work around your military service, no matter what job you hold.

Scenario four: “I have repeatedly reported that my boss is hitting on me and making crude comments at work. They finally did an investigation, but they refused to tell me the outcome. At the close of the meeting with HR, they brought my boss into the room and had him discipline me for what they said was my “bad attitude.” The only reason I have a bad attitude is because of what they’ve put me through. What do I do now?”
Attorney response: Make an appointment with a lawyer. This appears to be blatant retaliation because of your complaints.

Scenario five: “I was arrested for theft. I haven’t even had a trial yet, but lost my job as a result of the arrest alone. Is this retaliation?”
Attorney response: No. The general rule in employment law is that people can be fired for any reason or no reason – as long as the reason isn’t illegal. For something to be “retaliation,” you first have to engage in some kind of “protected activity.” Being arrested is not “protected activity,” so you can be fired for it.

Scenario six: “My employer fired me as soon as they found out I’d filed a civil rights complaint for racial discrimination against my previous employer. Does my complaint count as “protected activity” even though it wasn’t made against my current employer?”
Attorney response: Yes. You are protected at your current job for making a complaint at your old job.

Scenario seven: “My wife and I work at the same factory. She filed an OSHA complaint about unsafe working conditions. They’re smart enough not to try and punish her for that, but now they’ve started messing with my hours. Are they allowed to retaliate against me because of her protected activity?”
Attorney response: No. You are protected as well.

Don’t Wait To Seek Legal Help – Contact Us Today

Fiedler Law Firm is a trusted name in employment law representation for clients throughout Iowa and Nebraska. To get started, reach out online or call Iowa office at 515-303-8210 or our Nebraska office at 402-281-3501.call us at 515-303-8210 or reach out online.