Des Moines Employer Retaliation Lawyers
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.
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.
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, to 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.
At Newkirk Zwagerman, P.L.C., we have dedicated our practice to protecting workers’ rights. Our team of experienced attorneys is well-versed in state and federal laws that protect employees against retaliatory actions by their employers for engaging in legally protected actions.
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.
Retaliation & 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.
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.
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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