Too often, workers are retaliated against for perfectly legal and acceptable conduct. Perhaps you reported a problem with a supervisor, are suffering harassment, or needed to file a workers’ compensation claim. These and other legitimate claims can often trigger retaliation by your employer. When that happens, Kentucky workers have rights under both state and federal law to help protect them. Knowing what those rights are and talking with a skilled workplace retaliation lawyer can help.
The employment attorneys at Abney Law can help you deal with retaliation you face. Set up a meeting today so that we can fully examine your claim and determine the best path forward. Our team is ready to help.
Defining Workplace Retaliation
Many workers have heard the phrase workplace retaliation, but fewer have ever experienced it. If you are wanting to learn more, it is more likely you face this illegal action by an employer. Workplace retaliation usually occurs when your employer takes some adverse action against you. The adverse action is based upon some legally protection action you took.
Common examples of why you might face retaliation include:
- You filed a harassment complaint, either under federal or state law
- You reported some unsafe work condition
- You need workers’ compensation benefits after you were hurt at work
- You took medical leave under the Family and Medical Leave Act (FMLA)
- You helped with an investigation about workplace misconduct
- You reported inappropriate conduct by a supervisor
Employers are not allowed to retaliate against you for doing perfectly legal things. If they did, you have rights that deserve protection.
What Are Some Common Examples of Retaliation?
Retaliation can sometimes be subtle. Other times it is very obvious. If you are even questioning it, it is worth having an attorney consider your particular situation.
Common instances of retaliation might include:
- Being fired after you filed a complaint
- Suffering a demotion
- You get a pay reduction
- You lose out on benefits you had before
- You are changed to an unfavorable schedule because of a legal action you took
- You get reassigned to a different position or duties
- You suffer hostile treatment from supervisors
- You are excluded from meetings you should ordinarily be a part of
What Laws in Kentucky Can Protect Me From Retaliation?
There are several laws in our state that help protect you from retaliation and other illegal conduct by your employer. These may include:
- The Kentucky Civil Rights Act: This protects you from retaliation based on a protected classification.
- Kentucky Occupational Safety and Health Law: This allows you to report unsafe working conditions without fear of retaliation.
- Workers’ Compensation Laws: Employers are not allowed to fire you or punish you for valid workers’ compensation claims.
These state laws work alongside federal laws that often provide many of the same protections.
How You Can Prove Retaliation in Kentucky
To prove a retaliation claim, you need to:
- Show your activity was protected and permitted
- That you suffered some adverse action because of your activity
- That a connection exists between your activity and that adverse action you faced, called causation
Evidence may include suspicious timing, inconsistent explanations from the employer, or documentation of hostile treatment.
Remedies Available to Employees Who Experience Retaliation
If you successfully prove a retaliation claim, you could win remedies such as:
- Reinstatement
- Back pay
- Lost benefits
- Damages for emotional distress
- Punitive damages for particularly wrongful conduct
- Attorney fees
- Court costs
The damages available in your particular case can differ depending on your unique situation. Talk to a lawyer to learn more about what may be available.
Get In Touch with a Workplace Retaliation Lawyer in Kentucky
Retaliation is illegal, and you have rights. Learn about those rights and how to proceed by scheduling a meeting with a knowledgeable retaliation lawyer in Kentucky. We can help you figure out what happened and what you can do about it. Let the skilled employment attorneys at Abney Law review your case. Contact us today for a consultation.