Legally speaking, it is illegal for employers to retaliate against an employee for reporting a violation of employment law by their employer. However, employers often take retributive measures against employees anyway, resulting in substantial professional consequences for employees who are simply trying to do the right thing. But what exactly is retaliation in an employment law context, and what should you do if your employer retaliates against you?
An African-American who claims he was subjected to racial discrimination and a hostile work environment — only to be fired — has been allowed by a U.S. District Court to pursue a lawsuit against his former manager and the dealership where he worked.
Fox News Channel host Gretchen Carlson recently filed a sexual harassment and wrongful termination lawsuit against the network’s chairman and CEO, Roger Ailes, after she refused his alleged sexual advances towards her. On July 6, Ms. Carlson filed a complaint against Mr. Ailes with the Superior Court of New Jersey in Bergen County, stating that, after she refused Mr. Ailes’ sexual advances towards her and complained about his behavior, he unlawfully retaliated against her. Ms. Carlson was terminated from her position as the host of the network’s afternoon program The Real Story with Gretchen Carlson on June 23. Prior to this role, Ms. Carlson was the co-host of Fox and Friends until 2013.
For the first time in history, college athletes are petitioning to be represented by labor unions and have taken the first step in the process of being recognized as employees under the National Labor Relations Act.
Ramon Alcantara, a former employee of Pebble Beach Co. for over 20 years, alleges he was fired as a result of age discrimination late in 2013. According to the complaint, Alcantara, who is over 55 years of age, injured his back while replacing a 50-pound pump motor at the beach and tennis club.
Diana St Gerard, 64, a nurse in the mental health unit at Mercy Medical Center in Rockville Centre, Long Island claims that she was mocked by colleagues who said her Haitian accent was “irritating.” More importantly, Ms. St Gerard alleges that she was fired after complaining that several white staffers discriminated against her, minority patients and their families. She went on to explain that a co-worker even mocked her with a voodoo doll because of her nationality.
A new law which took effect on December 1, 2013 makes New Jersey the latest of a growing number of states – including Arkansas, California, Colorado, Illinois, Maryland, Michigan, Nevada, New Mexico, Oregon, Utah and Washington – that prohibit employers from requesting access to the social media accounts of current or prospective employees. The law also prohibits employers from retaliating or discriminating against any such individual who either refuses to provide such access or who complains about what he or she believes to be a violation of the law.
An employer has certain rights to manage his/her business as he/she seems fit, and to ensure a safe working environment. However, an employee, as well as a private individual has certain privacy rights that the law protects. So where is the line drawn between what an employer is allowed to search for and where? And when does an employer’s actions cross the line regarding a search.
As an employee, it is vital to know your rights and to know what to look out for as possible violations by an employer. Here’s a section of my book “The Employee Rights Handbook” that deals with this area of the law and gives you a glimpse into what kind of questions you should be asking yourself to ensure your employer’s actions are legal. Get informed and know your rights!
Finding a job is hard enough without having to worry about the integrity of your employer. However, the amount of scams out there is numerous and if a potential employee is not careful, they can be the victim of one that can have major consequences for their career. It is vital to get informed and know what to ask and look for in a potential employer.
Here’s a section of my book “The Employee Rights Handbook” that deals with tips an employee should know before taking any position at a company. Get informed and know your rights to see how these laws may affect you!