Workplace Retaliation Lawyer in El Paso, TX
If you believe you are being retaliated against at work, you should get in touch with a workplace retaliation lawyer in El Paso, TX. What’s happening to you is not fair and you deserve justice. An experienced attorney can help you through this difficult time.
Signs of Workplace Retaliation
Sometimes it can be difficult to tell if you’re being retaliated against at work or not. Here are signs to look out for.
- You’re left out of workplace activities: Have you noticed that you are being excluded from meetings and other workplace activities? If this has happened after you made a complaint to your employer, this may be one of the ways your boss is retaliating against you for speaking out.
- Your coworkers ignore you: If your coworkers have suddenly started acting like you don’t exist, it can make it difficult to go into work every day. Unfortunately, this is one of the most common types of work retaliation. Many employees feel uncomfortable associating with coworkers who have complained about illegal activities in the workplace. They may fear that their employer will discipline them if they are seen communicating with a whistleblower.
- Your coworkers are verbally abusing you: If your coworkers are acting like bullies in a school yard, you may be a victim of workplace retaliation. Facing verbal abuse at work can definitely negatively affect your job performance. You don’t have to put up with this forever. Discuss your case with a work retaliation lawyer in El Paso, TX as soon as possible.
- You were denied a promotion: If you have received excellent performance reviews, you may expect that you have a good shot at a promotion. However, you recently made a complaint against a supervisor for sexual harassment and were denied the promotion shortly after. This may be another sign of retaliation.
- Your hours were cut: It can be a shock if your hours are suddenly cut at work. If this has happened right after you made a complaint to your supervisor, it may be retaliation.
- You were terminated: Termination is the most extreme form of workplace retaliation. If you were fired shortly after complaining to your employer about sexual harassment unequal wages, you may have a viable legal claim on your hands.
A workplace retaliation lawyer El Paso, TX clients trust knows that when an employee suffers a work-related injury or some kind of health condition, Texas law says that the employee is entitled to workers’ compensation benefits. These benefits are in place to cover all of the worker’s medical expenses, as well as provide a percentage of their normal weekly salary in order to alleviate any financial stress, allowing the employee to recover from their injuries and return to work. Unfortunately, many employers are angered when an injured worker applies for benefits they are rightly entitled to and even retaliate against the worker – even though those actions are illegal. If this has happened to you, call Davie & Valdez P.C. right away.
Terminating an Injured Worker
As necessary as insurance is, the reality is that if you submit a claim, it is highly likely your premiums will increase. This is true for automobile liability insurance, home insurance, and business insurance. Unfortunately, it is also true for workers’ compensation insurance. A claim by an injured worker will generally cause some type of increase for the company when their next renewal cycle comes around.
This is one of the main reasons why some employers become irate when an injured worker files a claim and receives benefits. They may become so angry, they want to fire the worker. However, this is illegal. As an El Paso workplace retaliation lawyer can explain, the law prevents employers from terminating an employee because they filed a claim.
Knowing this, some employers will find less-than-truthful ways to skirt around the law to terminate the employee anyway. The only legitimate reasons an employer should have for terminating an employee who has filed a workers’ compensation claim are:
- The company is going out of business
- There are company-wide layoff that includes other workers
- The injured worker has committed or has a history of disciplinary issues
- The injured worker has a history of poor job performance
If an employer terminates an injured worker citing any of the above reasons, they have to have documentation proving that the reason is a legitimate one. For example, if citing disciplinary issues or poor job performance, the employer would have to show past documentation to prove that history. Even if the employee is an at-will employee who would not normally have job protections, given they now have a workers’ comp claim puts the onus of the employer to prove that the termination is not just retaliation. Otherwise, the worker can retain the services of an El Paso workplace retaliation lawyer and take legal action against the employer.
In some situations, an injured worker may not fully recover from their injuries, leaving them with disabilities that prevent them from performing their prior job duties. In these situations, if there are no other positions that are equivalent in pay for the employee to return to, then there will be a termination, however, the employee could be entitled to permanent disability benefits under the workers’ comp claim and could even qualify for training and education for another career.
If you think that you’re the victim of workplace retaliation, you should schedule a consultation with a workplace retaliation lawyer in El Paso, TX at Davie & Valdez, P.C. today.
5 Misconceptions About Workplace Retaliation
If you find yourself being retaliated against by your employer, it might be time to schedule a consultation with a workplace retaliation lawyer El Paso, TX residents trust. While you are scheduling your consultation, here are five common misconceptions about workplace retaliation that you should know.
- Retaliation is the same as harassment. While an El Paso workplace retaliation lawyer can likely give you legal advice on either issue, under the law, retaliation and harassment are different. Retaliation refers to an employer taking adverse actions against an employee for reporting workplace issues. The workplace issue originally reported by the employee could be harassment. Reporting harassment or discrimination is known as a protected activity under the law. Retaliation would be any consequences the employer levels on the employee for reporting those issues.
- You cannot sue your employer for firing you because you were planning to take Family and Medical Leave. You can, in fact, sue your employer for taking retaliatory measures for requesting leave under the Family and Medical Leave Act. Other common issues that spark retaliation from employers include reporting your employer for committing crimes or other illegal activities, reporting harassment or discrimination, refusing to commit a crime yourself, or filing for worker’s compensation benefits.
- You cannot receive financial compensation for workplace retaliation. If you decide to sue, you could receive financial compensation. In order to receive the compensation, you must be able to prove that you suffered financial loss. Having an experienced El Paso workplace retaliation lawyer can help. When you schedule your consultation, bring any evidence you have. Evidence could include your W-2, other documents showing financial earnings or losses, or even documentation that you lost benefits you previously had under your employer.
- Workplace retaliation is always obvious to the person being retaliated against. Workplace retaliation usually takes place during an already stressful time, so it may not be obvious that you are facing retaliation. Some signs you might be facing workplace retaliation are if you were fired or let go from your position after reporting your manager to human resources or if you were demoted, but no work-related issues had been brought to your attention. Retaliation could also look like getting fewer hours than before you reported an incident or less desirable hours. It could even be excluding you from meetings you were previously able to attend or reassigning you to a new team or division without consulting you.
- Conversations with co-workers cannot be used as evidence. Conversations can definitely be used as evidence! If you think you might be a victim of workplace retaliation, take notes of conversations you have had with managers or co-workers that could be useful. It might even be helpful to make a list of people familiar with your situation that may be willing to testify on your behalf and discuss this list with your lawyer.
No one should have to face consequences for engaging in protected activities in the workplace. If you think you are being retaliated against by your employer, contact Davie & Valdez, PC today for a consultation to discuss next steps.