University of Kwazulu-Natal

Termination Retaliation

Bonisiwe Shabane
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termination retaliation

Most of the acts enforced by WHD have regulations that prohibit retaliation, harassment, intimidation or the taking of adverse action against employees for: Retaliation occurs when an employer (through a manager, supervisor, administrator or directly) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity. An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation can have a negative impact on overall employee morale. Neil is a cook at a restaurant and works an average of 50 hours a week. He contacts WHD confidentially to inquire about overtime pay.

He tells another cook that he learned from WHD, they should be earning extra pay for the overtime hours worked. Their manager overhears the conversation and terminates Neil’s employment. In this example, Neil was fired for contacting WHD, which is prohibited as retaliation by his employer. Uncover the essential steps and critical evidence required to successfully prove a wrongful termination retaliation claim. Proving wrongful termination based on retaliation requires a clear understanding of legal principles and a strategic approach to evidence collection. When an employer takes adverse action against an employee for engaging in a legally protected activity, it constitutes retaliation.

Successfully demonstrating such a claim depends on establishing specific elements and presenting compelling evidence. Workplace retaliation occurs when an employer punishes an employee for exercising their legal rights. A “protected activity” encompasses actions such as reporting discrimination or harassment, whistleblowing about illegal conduct, or requesting accommodations under laws like the Americans with Disabilities Act. It also includes participating in an investigation, inquiring about wages to uncover discriminatory pay, or taking legally protected leave, such as under the Family and Medical Leave Act. Employees are protected even if their complaint is not ultimately proven, as long as they had a reasonable, good-faith belief that the conduct was unlawful. An “adverse action” is any negative employment consequence that would deter a reasonable employee from engaging in protected activity.

This can range from overt actions like termination, demotion, or a significant reduction in pay or responsibilities to more subtle forms. Examples include undesirable reassignments, unjustified negative performance reviews, increased scrutiny, or exclusion from meetings or projects. To establish a claim of retaliation, an individual generally needs to prove three core elements. First, the employee must demonstrate they engaged in a legally protected activity, such as those previously described. Second, an adverse action must have been taken against the employee by the employer. This adverse action must be a material change in the terms or conditions of employment.

This technical assistance document was issued upon approval of the Chair of the U.S. Equal Employment Opportunity Commission. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Each of the Equal Employment Opportunity (EEO) laws prohibits retaliation and related conduct: Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), Title V of... On August 29, 2016, the EEOC issued its Enforcement Guidance on Retaliation and Related Issues, https://www.eeoc.gov/laws/guidance/enforcement-guidance-retaliation-and-related-issues, a sub-regulatory document that provides the EEOC's interpretation of the law on this topic.

The Enforcement Guidance replaces the Compliance Manual Section 8: Retaliation (1998). The following questions and answers address major points from the guidance. A short Small Business Fact Sheet on this topic is available at https://www.eeoc.gov/laws/guidance/small-business-fact-sheet-retaliation-and-related-issues. Wrongful termination happens when your employer fires you for an illegal reason. Learn what qualifies as wrongful discharge and the actions you can take. Your termination could be wrongful if your employer fired you:

Termination could also be considered wrongful if your employer fired you but did not follow their termination policies. If you were fired because of discrimination, file a report with the Equal Employment Opportunity Commission (EEOC). If you were fired in retaliation for reporting unsafe or illegal work practices or products, you have whistleblower protections. Report your termination to the Occupational Safety and Health Administration (OSHA). Find instructions for filing a whistleblower complaint. The laws we enforce include strict time limits for filing a discrimination or retaliation complaint.

If you believe an employer violated the law, you must file a complaint with the appropriate agency right away. We are providing the information below to help you identify the right place to file a complaint, but it is up to you to file any complaint with the right agency within the appropriate... Retaliation in the workplace is a serious issue that many employees face when they speak out against unfair practices, file complaints, or engage in protected activities such as whistleblowing. State and federal labor laws strictly forbid employers from retaliating against employees for taking legally protected actions. It is unlawful for an employer to terminate, demote, harass, refuse promotion, alter benefits, change job assignments, or otherwise retaliate against an individual for taking legally protected actions. Protected actions include filing a complaint or lawsuit for discrimination or harassment, requesting reasonable accommodations, reporting wage violations, or seeking benefits under various labor laws.

In addition, federal law protects whistleblowers who report fraud against the government under the False Claims Act. Employees who were wrongfully retaliated against may have legal recourse through a labor and employment lawsuit. Some state laws also offer additional protections. For example, Florida has a Private Whistleblower statute that protects an employee from retaliation for objecting to an activity, policy, or practice of the employer that is in violation of a law, rule, or... Our attorneys regularly handle such claims on behalf of employees.

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