Retaliation

Retaliation

Robb Bigelow is an experienced Nashville retaliation lawyer who fights for the rights of employees. After graduating from Vanderbilt Law School and working for a federal judge for three years, Robb has over a decade of experience representing employees throughout Nashville and Middle Tennessee who were victims of retaliation.

What is Retaliation?

It is illegal for employers to punish workers for filing legitimate claims or for reporting or refusing to participate in illegal activity---and yet it happens all the time. It does not matter if the illegal activity is directed at you or if you are speaking up for one of your fellow employees. In fact, it is often people who speak up for others who are illegally retaliated against.

Workplace retaliation is very common. As a Nashville retaliation lawyer, I have helped many clients who were forced to endure an ongoing retaliation by a supervisor---a day in and day out retaliation that can take its toll on an employee both emotionally, physically and financially. Yet sometimes for the clients I help in Nashville and throughout Middle Tennessee, it is a one-time injustice that has all the same effects. Retaliation can leave an employee feeling defeated and humiliated---both things that make working very difficult. Sometimes retaliation can leave people without a job.

When you are a victim of retaliation, you should hire an experienced retaliation attorney who knows what to look for and can best serve you. Sometimes, however, people are not sure what constitutes retaliation in the workplace. A few common things that employers retaliate against include:

  • Taking FLMA leave --- where an employee decides to take leave (or returns from leave) and is fired
  • Reporting safety issues at work --- where an employee speaks up about safety issues and is punished for doing so
  • Filing a workers’ compensation claim
  • Reporting illegal activity of a co-worker or supervisor
  • Refusing to participate in illegal workplace activity

A few common methods of retaliation include:

  • Wrongful Termination
  • Decrease in Pay
  • Decrease or change in hours
  • Demotion
  • Harassment

It can be scary to complain to human resources due to fear of retaliation. Most of the time, the facts of the case involve a scenario like this one:

Employee to HR or Supervisor: “I am/he is/she is being harassed because of ____________” or “I deserve to be paid overtime.”

HR or Boss to Employee: “You’re Fired” or “We’re going to need to dock your pay/change your station/write you up…”

Retaliation claims are usually a matter of timing. In the legal world, this is what is known as “temporal proximity.” If a good worker has no disciplinary history, complains, and then is suddenly disciplined, there is an excellent chance that the discipline was a result of the complaint---even if the company, through their own retaliation attorney, argues something else.

As in most employment cases, if you feel you have been retaliated against, the number one rule is:DON’T WAIT!! Time Matters in a Discrimination Case, so call Bigelow Legal and let Robb help you!

Under the law you only have a relatively small amount of time to act once you have been retaliated against. Calling a Nashville retaliation lawyer before you are fired (or feel like you have no other option but to quit) can often help you keep your job without having to suffer anymore as the victim of retaliation. Of course, calling a lawyer while you are still working is not always possible. When that is the case, it is even more important to call a lawyer as soon as possible, as not doing so may waive your rights to have any legal recourse.

Call Bigelow Legal and let an experienced Nashville retaliation lawyer fight for you. He will listen to you and help you understand your options. Whether you face ongoing retaliation by a supervisor, or were the victim of a one-time injustice, a qualified retaliation lawyer can help you find the resolution you rightly deserve.

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