Retaliation Every Employee Deserves Respect

Maryland Retaliation Attorneys

Defending Clients Against Illegal Workplace Retaliation

It is a violation of state and federal law to retaliate against an employee for reporting discrimination, sexual harassment, or other wrongdoing. Unfortunately, workplace retaliation is actually one of the most common problems that employment lawyers encounter. If you were the victim of workplace retaliation after asserting your rights, turn to the Law Office of Andrew M. Dansicker, LLC. Our dedicated and experienced Maryland retaliation lawyers can help you file a claim and pursue justice.

Please contact us online or call (410) 213-3392 to schedule a consultation.

What Constitutes Workplace Retaliation?

When an employer punishes an employee for exercising their protected employment rights, it is considered retaliation. In most cases, the protected rights involve laws prohibiting harassment, discrimination, illegal workplace activity, and other prohibited actions.

When employees complain—either internally or externally to another body, such as the Equal Employment Opportunity Commission (EEOC)—about adverse workplace conditions, they are protected by federal law. Additionally, the law protects workers who participate or serve as witnesses in EEOC cases.

Our Maryland retaliation attorneys have represented clients who have suffered retaliation after:

Reporting violations to OSHA
Reporting violations to the Department of Labor
Complaining about sexual harassment
Complaining about employment discrimination
Opposing illegal activity in the workplace
Participating in union-sanctioned activities

Common Forms of Retaliation in the Workplace

After an employee takes an action – such as reporting a violation, complaining about harassment, or filing a workers’ compensation claim – the employer could retaliate against the employee in several different ways.

Some common examples of workplace retaliation include:

Suspension – You remain employed but are asked not to attend work – with or without full pay.
Demotion – You are assigned to a lower-ranking position and lose the responsibilities, status, and privileges associated with your former position.
Transferal – You are transferred to another department or location, which causes you undue hardship.
Reassignment – Your duties have been reassigned or rescheduled in a manner that results in undue hardship.
Termination – You are fired or let go from your position.
Exclusion – You are being intentionally barred from staff meetings, training courses, and other workplace activities available to all employees.
Mistreatment – You are being harassed for exercising your protected rights.
Other – Loss of hours, reduction of salary, poor performance reviews, or failure to receive an earned promotion.

These actions violate federal and Maryland state law.

Steps to Take if You Face Retaliation at Work

To prove retaliation, you must show that you were engaged in a protected activity, and you experienced some type of action to deter you from engaging in such activity (e.g., terminated, suspended, demoted, etc.). There must be a causal link between your activity and the action your employer took against you because of the protected activity.

Commonly Asked Questions

What should I do if I believe I am a victim of workplace retaliation?

If you suspect that you are experiencing workplace retaliation, the first step is to document all incidents related to the retaliation, including dates, times, and details of what occurred. It's crucial to gather any evidence that supports your claim, such as emails, witness statements, or performance reviews. Next, consider reporting the retaliation to your human resources department or a supervisor. If the issue persists, a Maryland retaliation attorney can help you understand the legal protections available to you and assist in filing a claim if necessary.

How can I prove that retaliation occurred after reporting workplace issues?

To establish that retaliation has occurred after reporting workplace issues, you need to demonstrate a clear connection between your protected activity—such as filing a complaint or reporting discrimination—and the adverse action taken against you by your employer. This involves showing that you engaged in a protected activity, such as reporting harassment, and subsequently faced negative consequences like demotion or termination. Collecting evidence, such as emails or witness testimonies, can strengthen your case.

What legal protections do employees have against workplace retaliation in Maryland?

Employees in Maryland are protected against workplace retaliation under both federal and state laws. The Maryland Fair Employment Practices Act and federal laws like Title VII of the Civil Rights Act provide these protections. These laws prohibit employers from taking adverse actions against employees who report illegal activities, such as discrimination or harassment, or who participate in investigations related to these issues.

Here are several steps to take if you suspect workplace retaliation:

Talk to your supervisor or a human resources representative – Ask your employer for a legitimate explanation behind their negative acts against you. If your employer cannot provide a good reason, then tell them you are being retaliated against, explain the negative actions that occurred after you filed a complaint, and ask their retaliation against you to stop immediately. If they do not resolve the issue or deny any wrongdoing, you may have to file a claim with Maryland’s Office of Fair Practices or the EEOC.
Gather evidence – Obtain copies of documents and other paperwork to show that you filed the underlying complaint in good faith, which means on behalf of your well-being or the well-being of others, rather than out of spite or intentionally damaging your company’s reputation. Also, collect any e-mails, messages, or other correspondence proving that you are being retaliated against and ask any witnesses if they are willing to cooperate.
Hire an attorney – An employment lawyer can examine your case, organize all available evidence, determine all your legal options, guide you through the complexities of the legal process, and protect your rights and best interests from start to finish.

Building a Strong Case Against Retaliation

A strong retaliation case requires evidence of discriminatory or retaliatory behavior on the part of an employer.

This can be established by:

showing a pattern of behavior, such as comments or actions that suggest the employer is treating one employee differently from other employees who are similarly situated.
Includes actions taken in response to an employee's protected activity, such as filing a complaint or participating in an investigation.
Clear and convincing evidence linking the protected activity to the adverse action taken against an employee, such as termination or demotion.
Establish that the employer's stated justification for the action is incomplete or inaccurate, which can help demonstrate retaliatory intent on the part of the employer.

It is essential to collect and document as much evidence as possible before filing an official complaint or lawsuit.

In some cases, especially where there is limited evidence available, seeking legal advice may be beneficial in order to determine whether a strong case exists and what steps should be taken to protect one's rights. An experienced employment attorney can provide guidance and assistance in gathering evidence, as well as representation during a dispute resolution process or in court.

Seek Legal Help to Combat Workplace Retaliation

If you have reason to believe that your employer retaliated against you for any action protected by state or federal law, it is in your best interest to seek advice from an experienced employment law attorney. Our Maryland retaliation lawyers can assess the circumstances of your situation and determine the merit of your potential claim.

Our Maryland retaliation attorneys have extensive legal knowledge and the skill needed to develop a strong case on your behalf. In retaliation cases, you must prove that there was a connection between you speaking out and your employer’s actions. We can gather evidence to demonstrate this connection by observing the timing of the actions, reviewing oral and written statements, and more.

Ready to Discuss Your Case? Contact Our Maryland Retaliation Lawyers Today. Contact us today at (410) 213-3392.

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