Memphis Workplace Retaliation Attorneys
It is often illegal for a person to be penalized or lose their job as retribution for reporting illegal conduct. Many laws have been enacted on both state and federal levels to shield employees from workplace retaliation.
A Memphis workplace retaliation lawyer at Employment and Consumer Law Group can help you protect your rights as an employee. We stand by our clients who have bravely come forward in attempts to make their work environment a better place.
Is Workplace Retaliation illegal in an “At-Will” Employment state?
Tennessee is an “at-will” employment state. Under the “at-will” doctrine, employees and employers are generally entitled to leave or discharge employees for any reason, or no reason at all.
However, certain federal and state laws protect “at-will” employees in Memphis from workplace retaliation. For example, federal laws protect employees in Memphis who report discrimination, investigate discrimination, or provide truthful testimony in a discrimination investigation. Requesting accommodations for a disability or taking a permissible medical leave of absence would also limit the application of the “at-will” doctrine if a person was retaliated against for such a request.
Asking about or filing a claim for overtime pay are also actions for which your employer may not retaliate. Retaliation for participating or answering questions in a Department of Labor investigation into overtime/minimum wage violations is illegal.
The Tennessee Public Protection Act protects “whistleblowers” from unlawful retaliation by their employers.
Certain conditions apply before “whistleblowers” are protected. An employee must be able to prove they either (a) refused to participate in illegal activities or (b) refused to remain silent about illegal activities. The employee must also show their actions were the exclusive reason for their termination. Sadly, and as unfair as it seems, the exclusivity factor makes cases under the TPPA extremely difficult- but not impossible- to prove. It is, for this reason, it is crucial you speak to an attorney if you feel like you were fired for being a “whistleblower” or experienced workplace retaliation.
Proving Employer Retaliation
Workplace retaliation in Memphis may include but is not limited to these hostile actions:
- Termination of employment
- Decreasing benefits
Employers are within their rights to act callously toward an employee who fails to perform their job duties. However, when an employer targets an employee who is engaging in a protected action, there are legal repercussions.
Timing is typically an important factor in every retaliation case. For a retaliation case to be successful, the alleged retaliatory conduct must take place in response to an employee’s actions.
If an employee is experiencing workplace retaliation in Memphis, it is critical that they keep personal records and copies of other documents showing this retaliation. It is helpful to prepare a detailed timeline of their actions and their employer’s response. Maintaining thorough records will make any retaliation case you may have much stronger.
Our Memphis Retaliation Attorneys Are Glad to Discuss Your Case
If you want to learn more about whether you have a case for retaliation claim in Memphis or any area in Tennessee or surrounding states, feel free to call us today and talk to our dedicated employment attorneys.