Retaliation in the workplace is a form of discrimination, first developed under the Civil Rights Act of 1964. The U.S. Equal Employment Opportunity Commission enforces laws making it illegal to discriminate against either an applicant or employee based on race, religion, age, gender, sexual orientation, or disability. One of the most common types of discrimination is retaliation. It is illegal to retaliate against an employee for:
- Filing a complaint to the EEO
- Reporting harassment to an employer
- Refusing to discriminate against others in the workplace
- Requesting accommodation for a disability
- Experiencing poor or unfair treatment as a result of pursuing workers compensation
Retaining workers compensation benefits should be a relatively straightforward process, but, unfortunately, victims can experience claims problems. Retaliation is a very real possibility for injured workers, and when the victim expects this, they must reach out to a New York workers’ compensation lawyer if they have not already done so.
Steps To Take If Retaliation Is Suspected
Retaliation can be challenging to identify because there may be nuances of adverse treatment in the workplace at times. Common signs of retaliation include:
- Being assigned a lower-ranking position
- Experiencing a demotion
- Receiving a pay cut
- Having hours reduced
- Being fired
Experiencing a work-related injury is hard enough; suffering retaliation as a result of accepting workers compensation benefits can not only be challenging to contend with, it can also result in further unexpected frustrations. It is best to seek legal counsel if you believe this is happening even if it does not feel blatant. You have the right to a safe and non-hostile workplace. Most times retaliation comes from upper management such as a supervisor, but it can also happen from coworkers who have hard feelings over your injury. Be sure that no matter who is treating you that way, you continue to treat them courteously and report their behavior through the proper channels.
Knowing where to turn or what to do next can be overwhelming, consider taking the following steps:
- Contact the HR department to report what is happening
- Keep clear documentation of the events unfolding
- Gather as much evidence as possible
- Try to refrain from quitting
Sometimes step number four is taken out of your control and the company may fire you after an injury. They should not cite your injury as the reason you have been fired, but if they do then it is definitely time to seek legal counsel — you should really reach out to a lawyer either way.
The road ahead will likely be difficult, especially for victims still recovering from their injuries. Our firm has the tenacity and experience to protect the rights of victims who have been injured and are experiencing adverse treatment in the workplace. Initiate the process of receiving the legal protections necessary by reaching out to a workers compensation lawyer.
Contact a lawyer today at Polsky, Shouldice and Rosen PC to get started on your claim. They will fight for your compensation and ensure you receive fair monetary value for your pain and suffering.
