If you reported workplace misconduct, you did something brave. You should not have to face discrimination or termination because of what you did. Kentucky and federal law protects you from termination because you reported workplace misconduct. This retaliation is illegal, and you could be entitled to reinstatement, monetary damages, and more.
The employment attorneys at Abney Law can help you after a wrongful termination in Kentucky. We help responsible employees like you protect their rights and seek the compensation they deserve.
Reporting Misconduct Is a Protected Activity Under Kentucky and Federal Law
You are protected when you make lawful reports of workplace misconduct. Kentucky and federal law are both there to ensure you’re not fired for doing the right thing.
You are protected even if you report:
- Sexual harassment
- Discrimination
- Racial discrimination
- Religious harassment
- Disability discrimination
- Wage and hour violations
- Workplace safety hazards
- Fraud
- Misuse of funds
- Illegal business practices
- Retaliation against coworkers
- Violations of public policy
If you make this type of report in good faith, you cannot be punished for it. If your employer tries to fire you, demote you, or punish you in some other way, this could be illegal.
What To Look For
Your employer will likely deny they fired you because you reported the misconduct. They may try to say it is something else, like restructuring or a performance issue. This is usually a pretext for the real reason, and is still illegal.
Red flags to look for include:
- Sudden negative reviews after you’ve always had good reviews
- Being excluded from meetings or responsibilities
- Increased scrutiny
- Sudden micromanagement
- Hostile treatment from supervisors
- Disciplinary write-ups that appear exaggerated or fabricated
- Termination shortly after your report
What to Do After You’re Fired for Reporting Misconduct
If you think your employer retaliated against you, the next steps are really important. If you act quickly, you can preserve evidence and make your case stronger.
1. Request Your Termination Reason in Writing
Ask your employer why they fired you, and ask for that explanation in writing. This can be very useful later. If they refuse, or are inconsistent in their reason, this can be very helpful later in your case.
2. Preserve All Evidence
Save anything related to your report and termination, including:
- Emails, messages, or notes documenting the misconduct
- Copies of your complaint to HR or management
- Performance reviews and commendations
- Disciplinary notices
- Witness names
- Any documents provided at termination
Do not alter or delete anything. Simply preserve what you already have.
3. Write Down a Timeline
While the events are fresh, document:
- When you reported the misconduct
- Who you reported it to
- What happened afterward
- Any changes in treatment
- The circumstances of your termination
4. Avoid Discussing the Situation With Coworkers
Try to avoid talking about this with your coworkers. Even conversations you think will be private could come out in the legal process. Speak with your attorney instead.
5. Do Not Sign Anything Without Legal Review
Your employer could try to get you to sign something, including waivers of legal claims. They might offer a severance agreement to entice you. Talk to a lawyer first to protect yourself.
Potential Remedies for Retaliatory Termination
If your employer unlawfully retaliated against you, you may be entitled to:
- Reinstatement to your job
- Back pay and lost benefits
- Compensation for emotional distress
- Punitive damages in certain cases
- Attorney’s fees
- Negotiated severance or settlement
Fight Back Against a Wrongful Termination for Reporting Workplace Misconduct
You do not have to go through this and just take it. If your rights were violated, you have the right to pursue legal remedies. You could be owed your job back, significant monetary compensation, and more. Our team knows how to protect your rights.
Let the skilled employment attorneys at Abney Law review your case. Contact us today for a consultation.