How to Prove Workplace Retaliation in Tennessee
Have you become the target of workplace retaliation from co-workers, supervisors, or managers in Tennessee? Employment retaliation can cause serious harm to workers, and employers who engage in it can face legal action.
Understanding what it takes to prove retaliatory conduct is key if you’ve been a target. An experienced workplace retaliation lawyer can help you understand your rights under Tennessee and federal law.
What Is Workplace Retaliation?
Retaliation in the workplace occurs when an employer, manager, or supervisor takes adverse action against an employee to punish them for exercising their rights and engaging in a protected activity, such as reporting harassment at work, cooperating with an investigation, or whistleblowing.
Some examples of workplace retaliation include:
- Denying pay raises or discretionary bonuses
- Denying promotions
- Denying favorable work assignments or assigning less favorable duties
- Excluding the worker from meetings or office activities
- Terminating a worker
Workplace retaliation differs from unfair treatment, which may result from personal dislike or employment preferences rather than a desire to punish the employee for participating in protected activities.
What Are Protected Activities?
Examples of protected activities that may lead to a workplace retaliation complaint include:
- Requesting religious, disability, or pregnancy accommodations
- Taking FMLA leave
- Filing a workers’ compensation claim
- Reporting wage violations
- Opposing sexual harassment or other unwelcome conduct
- Refusing to engage in employment discrimination
How to Prove Workplace Retaliation in Tennessee
A successful workplace retaliation claim in Tennessee will require that you establish three legal elements:
- You engaged in protected activity.
- Your employer took an adverse employment action against you.
- Your employer punished you because of your protected activity.
Evidence That Strengthens a Retaliation Claim
Sometimes, employers offer seemingly legitimate reasons for a retaliatory employment action. For this reason, employees must have strong evidence that their employer’s explanation does not line up with the facts.
In certain cases, employees may have direct evidence to support a workplace retaliation claim, such as emails or text messages in which an employer communicates a retaliatory motive. Witness testimony could also help prove a claim if co-workers overheard managers or supervisors expressing a desire to retaliate against the employee.
In other situations, circumstantial evidence may support a workplace retaliation claim. For example, the timing of the adverse action or an employer who offers inconsistent accounts of the reason for the action could help prove retaliation.
Regardless of the type of evidence, an employee must be able to prove that the decision-makers were aware of the protected activity and took action because of it. An experienced workplace retaliation lawyer can identify the types of evidence needed to build a compelling claim.
Practical Steps for Documenting and Building Your Case
Take the following steps to obtain the evidence you need to build a workplace retaliation case:
- Preserve copies of emails and text messages.
- Gather copies of employment records.
- Identify co-workers who observed relevant events and can provide testimony, if possible.
- Keep copies of performance reviews.
- Document changes in treatment, such as demotions, shift changes, or wage decreases.
Speak With a Tennessee Workplace Retaliation Lawyer
Employer retaliation claims can involve complex factual and legal issues, and you could be entitled to compensation if you were targeted. To learn your legal rights and options, contact the Tennessee workplace retaliation attorneys at the Employment and Commerce Law Group today for a free consultation.
