Retaliation

Employees enjoy protection from retaliation under the law for a host of actions in the workplace. State and federal laws protect employees from retaliation for complaints of unlawful discrimination, for seeking reasonable accommodations for disabilities, for taking protected family and medical leave, and from whistleblowing or refusing to engage in illegal activities. The web of legal protections from retaliation is comprehensive and fact-specific, and you should contact a qualified employment attorney if you believe you are being retaliated because of your legally protected activity at work.

Testimonial Background
We believe that employees should be able to assert their legal rights without risking their livelihoods. Several laws at the state and federal level protect employees from retaliation, and we are motivated to ensure that those laws are enforced and that employees who face unlawful retaliation have the greatest possible protections and recover for their harms.

Let Correia & Puth Protect You From Unlawful Retaliation in the Washington D.C. Area

The lawyers at Correia & Puth, PLLC have the experience and drive to protect employees from unlawful retaliation in the workplace. We identify employees’ legal rights, craft strategies to stop workplace retaliation before it occurs, and enforce legal rights after employers retaliate. We also counsel employees who believe they have are experiencing retaliation, and to recover for employees who have been retaliated against or terminated for engaging in protected activity. We also negotiate with employers, and file claims and lawsuits on behalf of our clients when appropriate. We zealously represent employees to obtain the best possible results.

You Have Rights to Protect You From Workplace Retaliation

Workplace protections from retaliation can be very broad. Not only do laws against retaliation protect employees from termination, but usually also provide protection from an employer taking an adverse action that would “dissuade a reasonable employee” from complaining about their legal rights. As a result, adverse actions can include termination, refusal to hire, denial of promotion, unjustified negative performance evaluations, or other threats or harassment.

Under civil rights laws, an employee engages in protected activity by opposing unlawful discrimination or harassment, or participating in an employment discrimination proceeding. An employee opposes discrimination when they complain about unlawful discrimination or harassment, threaten to file a complaint, or refuse to obey an order they reasonably believe is discriminatory. An employee participates in a proceeding when they file a complaint of unlawful discrimination or harassment, cooperate with an internal or external investigation of discrimination or harassment, or serve as a witness in an investigation or litigation. Each of these can amount to “protected activity” for the purposes of retaliation under county, state, and federal anti-discrimination laws, such as the District of Columbia Human Rights Act, Montgomery and Prince Georges County Human Rights Acts, Maryland State law, The Age Discrimination in Employment Act, the Americans with Disabilities Act, the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1866 (“Section 1981”), and Title IX of the Education Amendments of 1972.

In the disability setting, employees can engage in “protected activity” by seeking accommodations for disabilities. Similarly, employees can gain protection from retaliation under the Family and Medical Leave Act (FMLA) by seeking or taking protected FMLA leave.

The number of laws protecting against retaliation for protected “whistleblowing” is very extensive. Those laws include the Occupational Safety and Health Administration, the Whistleblower Protection Act of 1989, the False Claims Act, the Sarbanes–Oxley Act, the Dodd–Frank Wall Street Reform and Consumer Protection Act, and a host of other laws. State laws in the District of Columbia and Maryland also protect against retaliation in a variety of settings. Employees are protected from retaliation for collectively complaining about the terms of conditions of employment under the National Labor Relations Act (NLRA). Importantly, public employees may not be retaliated against for exercising their rights to free speech under the United States Constitution. Employees are also protected from retaliation related to asserting their rights for health insurance or benefits provided under the Patient Protection and Affordable Care Act of 2009.

Practice Areas

Accommodations for Disabilities

We are committed to ensuring that all employees with disabilities have equal access to the workplace.

 

Age Discrimination

We fight employers who use age bias to discourage older workers from staying on the job or keep them from advancement.

 

Corporate Accountability

Corporations must be held accountable for wrongdoing, and whistleblowers often keep employers honest.

 

COVID-19 Protections for Health Workers

If you are a health care worker facing retaliation because you raised concerns, there are laws in place to protect you.

 

Disability Discrimination

We are dedicated to safeguarding the rights of individuals with disabilities and vigorously advocate for equal access.

 

Equal Pay Rights

Motivated by our commitment to workplace fairness, we fight employers who have shortchanged an employee because of bias.

 

Family & Medical Leave Discrimination

The FMLA provides job protected leave so that employees are not forced to choose between their job and caring for loved ones.

 

Family Responsibilities Discrimination

Employees should not be penalized for taking care of their loved ones, and we are committed to fighting for your rights.

 

Federal Employees

We help federal sector employees understand workplace rights and navigate the unique federal agency employment context.

 

Federal Employee Whistleblower Protections

Employees and contractors of the federal government have strong protections from retaliation for speaking out.

 

Gender Identity Discrimination

We believe no employee should face harassment, discrimination, or retaliation because of who they are or how they identify.

 

National Origin Discrimination

We believe all employees should be given a fair chance to succeed regardless of their culture and background.

 

Pregnancy Discrimination

Pregnancy and motherhood are not incompatible with work. Our firm fights for expecting mothers and mothers with newborns.

 

Race Discrimination

Employers are forbidden from making decisions to hire, fire, promote, or to provide training or other benefits because of a person’s race.

 

Religious Discrimination

We value individuals' religious beliefs and personal choices and are committed to ensuring the ability to practice without fear.

 

Retaliation

We believe that employees should be able to assert their legal rights without risking their livelihoods.

 

Severance Agreements

Our practice of negotiating severance agreements is built upon years of experience working on behalf of employees at all levels.

 

Sex Discrimination

We work to eliminate gender discrimination, unfair pay, sexual harassment, and unlawful glass ceilings.

 

Sexual Harassment

We are dedicated advocates for the right to a workplace free from a sexually hostile work environment.

 

Sexual Orientation Discrimination

We believe that no employee should be fired, shortchanged, or treated differently because of who they are and whom they love.

 

Title IX Claims

We are a national leader on use of Title IX as an effective tool for an educational environment free from discrimination and retaliation.

 

Veterans (USERRA)

USERRA provides job protections to employees who temporarily leave private employment for military service.

 

Wage & Commission Claims

We fight employers who have wrongfully withheld salaries, commissions, and wages, and hold them accountable for what's unpaid.

 

Whistleblower Retaliation

Employees should be free from intimidation, harassment, or threats when taking a stand against wrong or unsafe workplaces.

 
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It takes courage to fight back against those who discriminate.
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