
Workplace Retaliation
Have I Been Unlawfully Retaliated Against at Work?
Retaliation at work happens when your employer treats you badly because of something you did — like speaking up or standing up for your rights. If you can show that your employer took action against you because of something you did, you may have a legal claim for workplace retaliation.
Is All Workplace Retaliation Illegal?
Not necessarily. Retaliation is only unlawful if it happens because you engaged in what's called protected activity — things like:
-
Reporting unpaid wages or missing overtime
-
Complaining about discrimination or harassment
-
Speaking up about unsafe working conditions
-
Taking protected medical leave
On the flip side, complaining about a dress code or not liking your manager usually isn’t considered protected activity. But if you're challenging something that's against the law, you’re protected — and your employer can’t fire you, discipline you, or treat you unfairly for it.
Does That Make Me a Whistleblower?
Yes — in most cases. A “whistleblower” is simply someone who speaks up about something they believe is illegal or unethical. So if you report something like wage theft, discrimination, or fraud, you’re a whistleblower. And the law protects you from retaliation for doing the right thing.
But I’m an At-Will Employee. Does That Change Things?
Nope. Even if you’re an at-will employee (which most people are), your employer still can’t retaliate against you for engaging in protected activity. The law is on your side either way.
How Do I Prove Workplace Retaliation?
There are a couple of strong ways to prove retaliation:
-
Direct comments or behavior: If your manager starts calling you a “troublemaker” or says you have an “attitude” after you speak up, that can show retaliatory intent.
-
Timing: If something negative happens shortly after you raise a concern — like you get written up, demoted, or fired — that timing can be powerful evidence.
What Can I Get If I Win My Case?
If your retaliation claim is successful, you may be entitled to:
-
Back pay (lost wages)
-
Compensation for emotional distress
-
Punitive damages (in some cases)
-
Coverage of your attorney’s fees — even if you're on a contingency arrangement
Can Mahanaim Law Help?
Absolutely. We’ve helped countless employees who were retaliated against for:
-
Reporting sexual harassment or discrimination
-
Speaking up about unpaid wages or overtime
-
Using protected medical leave
-
Refusing to engage in unethical or fraudulent behavior
We know how stressful and confusing it can be to speak up at work — and we’re here to support you every step of the way.
What’s Next?
Contact us to schedule a free consultation. It’s always free — no matter how long it takes. We’re ready when you are.
​
​
​