Employer Retaliation Attorney in Des Moines
We Fight for Employees in Iowa & Minnesota
Retaliation is simply an employer’s decision to punish an employee for engaging in protected activities that the employer dislikes. Workplace retaliation is a prevalent form of discrimination. It results from an employee complaining about violations of the law that trigger the employer’s duty to investigate or remedy those violations.
It is highly recommended that an employee who decides to challenge illegal behavior seek legal counsel before doing so. If retaliation has already begun, seek counsel before your employer fires you. Our role is to guide and defend you through these complex procedures, ensuring that your rights are preserved and that any steps taken do not unduly compromise your position or claims.
Employment laws prohibit employers from retaliating against employees who make complaints of workplace discrimination and/or workplace harassment, either on behalf of themselves or other employees. These laws can also prevent retaliation for reporting other labor law violations or participating in an investigation or lawsuit against your employer. Our goal is to provide you with comprehensive support, educating you on these protections and the broader implications of your situation.
Retaliation also can include whistleblower activity. Whistleblower activity includes many different areas, from raising concerns about OSHA violations to bringing concerns about the way residents or patients are treated at your employer, to reporting misuse of state or federal funds, criminal activity your employer may be engaging in, and many others. If you have questions about whether you have engaged in whistleblower activity, please call us for a consultation. Whistleblower laws are specifically designed to protect individuals who dare to report these wrongdoings, and we are here to ensure these protections are enforced. Connect with a whistleblower attorney in Des Moines right away for guidance.
At Newkirk Zwagerman, P.L.C., we have dedicated our practice to protecting workers’ rights. Our team of experienced retaliation attorneys is well-versed in state and federal laws that protect employees against retaliatory actions by their employers for engaging in legally protected actions. We recognize the personal and professional risks you undertake in stepping forward, and we are committed to standing by your side, offering the necessary legal strategies to help you navigate through the challenges.
Arrange for a free case evaluation with a Des Moines employer retaliation attorney at Newkirk Zwagerman, P.L.C.. You can reach us online or at (515) 497-9409.
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Employer Retaliation in Des Moines
Under state and federal laws, employees are granted legal protections for engaging in certain activities. Retaliation is unlawful and undermines employees’ rights to work in an environment free from fear of punishment for asserting those rights.
Employer retaliation can come in many forms, such as the following.
Explicit Retaliation:
- Termination.
- Demotion in an employee’s position or responsibilities.
- Reduction in pay or hours.
- Denial of promotion or advancement opportunities.
- Temporarily suspending an employee without pay.
Subtle Retaliation:
- Negative performance reviews.
- Unfavorable job assignments, schedules, or shifts.
- Deliberate exclusion from meetings, events, or projects.
- Increased scrutiny or monitoring of an employee’s work or behavior.
- Creating a hostile or intimidating work environment for the employee.
- Creating working conditions so toxic that the employee feels forced to resign.
Retaliation can be challenging to prove. If you believe you have been retaliated against, it is vital to document the incidents and seek legal advice. Having a thorough record of the actions and timing linked to your complaints can substantiate your claims. Documentation should be detailed, including dates, times, places, involved parties, and a description of the events. This level of detail helps construct a robust case to support your claims.
Moreover, understanding your rights under state and federal laws is critical. Consulting with an attorney can provide a clearer picture of the legal landscape and help prepare you to navigate any adversities that may arise from standing up to unlawful actions.
Iowa Whistleblower Laws
Iowa has specific laws in place to protect employees who report illegal activities or improper conduct within their organization. These laws are designed to support those who 'blow the whistle' on unethical practices, ensuring they are not subject to retaliatory actions by their employers. The whistleblower protections cover a range of activities, including reporting occupational health and safety violations, fraud, and misuse of public resources. In Iowa, these legal safeguards empower employees to come forward without fear of being fired or facing other forms of discrimination for their courage to speak up. Legal recourse is available, offering remedies such as reinstatement, compensation for lost wages, and sometimes even punitive damages if it is proven that the employer engaged in deliberate retaliation.
What makes the environment in Des Moines unique is the city's robust community of workers and businesses, which places a high value on ethical practices and safety standards. When an individual stands firm against misconduct, they are supported by a network of regulatory bodies and legal professionals dedicated to upholding justice. At Newkirk Zwagerman, P.L.C., we are proud to be a part of this community, offering comprehensive legal services that are tailored to the specific challenges faced by local whistleblowers. Our attorneys are deeply familiar with both state and federal whistleblower statutes, providing an informed perspective that is vital in building a strong defense against employer retaliation. For experienced guidance reach out to a skilled whistleblower lawyer in Des Moines from our firm.
What Should I Do If I Suspect Retaliation for Whistleblowing?
If you suspect retaliation for whistleblowing, act quickly to protect yourself. Start by documenting everything. Keep a detailed record of events, including dates, incidents, communications, and any retaliatory actions, such as demotions or terminations. Save emails, memos, and performance reviews related to your case. These records can strengthen your claim.
Next, review your company's whistleblower policies, typically found in employee handbooks, to ensure that you follow the proper procedures when reporting your concerns. If retaliation continues, consult a qualified whistleblower attorney near you to assess your legal options. A skilled attorney can determine if your actions are lawfully protected and guide you through filing a retaliation claim.
Do not confront your employer without legal advice. Retaliation claims often require strategic navigation of employment laws and protections specific to Iowa. The right whistleblower attorney can help you safeguard your rights and pursue justice for any workplace retaliation you face.
Whistleblower Retaliation Claim Statute of Limitations
The timeframe for filing a whistleblower retaliation claim in Iowa depends on the specific laws and circumstances of your case. For example, Under Iowa Code Section 70A.28, public employees protected by whistleblower laws generally have 90 days from the date of the retaliatory action to file a complaint. However, other whistleblower protections might apply, depending on your role and the nature of your disclosure.
Missing deadlines can harm your ability to seek justice, so it’s important to act promptly. Start by documenting any adverse actions and consult a whistleblower lawyer near you to evaluate your case. An experienced attorney can review your situation, identify applicable deadlines, and help you file the necessary claims within the required timeframe.
How Can I Prove That I Experienced Whistleblower Retaliation?
Proving whistleblower retaliation requires a clear connection between your protected actions and your employer’s adverse response. Start by demonstrating that you engaged in whistleblowing activities, such as reporting illegal practices or safety violations, that are protected under Iowa and federal laws. Next, show that your employer knew about your whistleblowing. This could involve evidence such as emails, meeting notes, or direct conversations.
You also need to document the adverse actions taken against you, like demotions, pay cuts, or terminations, and establish a timeline linking these actions to your whistleblowing. Keep records of communications, performance reviews, and any sudden changes in your work environment.
Consulting with a whistleblower attorney is critical for building a strong case. A skilled attorney can assess your documentation, identify legal violations, and help you file your claim. If you suspect retaliation, act quickly to protect your rights.
Retaliation and Wrongful Termination
As mentioned above, employer retaliation can include termination. Besides other worker protection laws, the Whistleblower Protection Act protects you from wrongful termination for reporting an employer’s illegal activities (“whistleblowing”).
Examples of retaliation and wrongful termination causes may include:
- Filing a workers’ compensation claim or a claim for unemployment benefits.
- Providing truthful testimony in court or a deposition.
- Reporting child or adult abuse as a mandatory reporter.
- Reporting care center deficiencies to the Department of Inspections and Appeals.
- Serving jury duty.
- Reporting an employer to U.S. Immigration and Customs Enforcement.
- Reporting safety violations to OSHA.
- Complaining to the Department of Labor for an employer’s failure to pay minimum wage or overtime.
- Complying with a subpoena.
- Serving in the military, including National Guard duty.
- Refusing to violate regulations from the Iowa Administrative Code.
- Voting in an election.
- Refusing to violate the law.
The above list does not include all situations in which an employer may engage in retaliatory actions.
Successful employer retaliation claims can result in various damages, including lost wages, emotional distress, punitive damages, and attorney fees. Understanding the full spectrum of potential outcomes reinforces the importance of seeking a legal professional's advice in managing these situations.
Newkirk Zwagerman, P.L.C. is a leading Iowa law firm protecting workers’ rights against employer retaliation and wrongful termination. From the initial consultation to resolution, our firm’s goal is to provide legal services to achieve the best possible outcome for each client. We ensure you are supported throughout the legal process, offering strategies tailored to your unique circumstances to pursue justice robustly and effectively.
Have you suffered employer retaliation or wrongful termination? Contact us online or at (515) 497-9409 to consult a Des Moines retaliation attorney to discuss your case.
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Tom is passionate about exposing biases and helping women fight the good fight. Without his guidance, I have no doubt I would not be sitting in where I am now. He made sure that I was prepared.- Tina S. -
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I was represented by both Jill Zwagerman and Newkirk Zwagerman Law Firm better than I could have ever imagined. Over two years they prepared me to the fullest degree. They truly cared about my needs and opinions.- Stephanie T.