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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.

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