Retaliation

When you complain to your supervisor, your manager, the Human Resources Department of your employer, or a state or federal law enforcement or governmental agency regarding conditions at your place of work that you reasonably believe are violations of state or federal regulations or laws, and you are retaliated against for those complaints, your rights may have been violated.  You might have a “retaliation” claim.  Typically, acts of retaliation will include adverse employment actions including but not limited to termination, demotion, write-ups, suspensions, increased scrutiny, and pay cuts.

In Illinois, under the Illinois Whistleblower Act, there is protection for employees that suffer retaliation based on an employee’s disclosure of information to a state or federal governmental agency, where there is reasonable belief that the provided information reveals a violation of state or federal laws, rules, or regulations.  Further, the Illinois Whistleblower Act provides that an employer cannot retaliate against an employee that refuses to participate in an activity that the employee feels would result in a violation of state or federal law.  Finally, Illinois also has a cause of action for a “retaliatory discharge” where an employee who is terminated because of their internal complaint to their employer of a policy or practices that is a violation of a state or federal law, rule or regulation can be protected and recover for their job loss.

In addition, many of the employment laws, including the FLSA, FMLA, Title VII, and Section 1981, contain anti-retaliation provisions.  Under these provisions, it is unlawful to take an adverse employment action against an employee who opposes behavior made unlawful under the statute, or participates in any type of proceeding relating to a claim under the statute.

If you notice a change in your employment conditions after complaining to a government agency or refusing to perform an illegal activity, contact Jensen Law Office, LLC to discuss your situation.  Further, if you think that you have been retaliated against, or if you have opposed an illegal practice under various employment laws regarding harassment, discrimination, payment of wages and overtime, or medical leave, contact Jensen Law Office, LLC .

Additionally, under the Illinois Worker’s Compensation statute, it is “unlawful for any employer to coerce or discriminate against, harass, refuse to rehire or recall, fire or threaten to fire or force to resign” any worker in retaliation for filing a Workers’ Compensation claim.  Should your employer begin to treat you differently or terminate you either after filing a worker’s compensation claim or in response to filing a worker’s compensation claim, you should contact Jensen Law Office, LLC to review your situation and to discuss your legal rights.

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