St. Louis Retaliation Attorneys
Missouri Law Firm Representing Employees in Retaliation Claims
State and federal laws prohibit retaliation for engaging in certain protected activities at work. The unfortunate reality is that employers may treat you unfairly when you report discrimination or harassment or support a co-worker who complains.
At Sedey Harper Westhoff, we can help employees stand up to employers and hold them accountable for retaliatory practices. If you’ve been subject to unfair or different treatment after exercising your legal rights as an employee, reporting what you reasonably believe to be unlawful activity, or participating in an investigation, you may have a case, and we want to hear your story. We have handled thousands of cases for employees and do not represent employers. Our employment law attorneys have over 40 years of legal experience and are not afraid to take on large companies.
You may have only 180 days to report a retaliatory action, so don’t wait to discuss your case with our St. Louis retaliation lawyers. Schedule a consultation by calling (314) 819-0963 or contacting us online today.
What Is Retaliation in the Workplace?
Retaliation in the workplace occurs when an employer takes adverse action against an employee for engaging in legally protected activities. The goal of retaliation is to punish the employee and, in many cases, force or compel them to leave. In some cases, retaliation culminates in wrongful termination.
Common retaliatory actions include:
- Wrongful terminations
- Demotions
- Salary reductions
- Unfavorable reassignments
- Unjustifiably negative evaluations
- Increased and excessive scrutiny
- Exclusion from meetings or work activities an employee would normally participate in
- Harassment
- Unwarranted disciplinary actions
- Denial of promotions or bonuses an employee was on track to earn
Protected Activities Under the Law
In any workplace, employees have the right to engage in certain activities that are protected under various labor laws without fear of retaliation. These protected activities are critical in maintaining a balance of power between employers and employees by protecting individuals who assert their rights or participate in processes that contribute to the transparency and fairness of company operations.
Our St. Louis retaliation attorneys are prepared to represent employees who suffered adverse and unjust consequences because they:
- Filed a discrimination complaint. An employee who believes they have been discriminated against due to their race, color, religion, national origin, ancestry, sex, age (if over 40 but less than 70), disability, or any other protected characteristics has the right to file a complaint with the Missouri Commission on Human Rights (MCHR). This action is protected, and retaliation against the complainant is unlawful.
- Participated in an investigation. Employees participating in internal or external investigations related to workplace misconduct, discrimination, or harassment are legally protected from retaliation. Their involvement could include providing witness testimony or sharing information relevant to the investigation.
- Blew the whistle. Disclosing information about illegal activities, safety violations, or unethical practices within the organization to the appropriate authorities is a protected activity under various whistleblower protection laws.
- Requested accommodations. Requesting a reasonable accommodation for disabilities, religious purposes, or pregnancy-related needs is considered a protected activity. Employers must consider and make the necessary adjustments unless they pose an undue hardship. Retaliatory actions against such requests are not allowed.
- Exercised family and medical leave rights. Employers are not lawfully allowed to retaliate against employees who take leave under the Family and Medical Leave Act (FMLA) to manage qualifying personal or family health issues. Any disciplinary action, demotion, or termination linked to taking such leave is unlawful.
- Discussed wages. Employees who discuss their wages or salaries with peers are participating in a protected activity under the National Labor Relations Act (NLRA). Open conversations about pay can help highlight disparities and promote transparency in compensation practices. Retaliating against employees for such discussions is unlawful.
- Reported a wage violation. Employees who report violations of wage laws, such as unpaid overtime, minimum wage discrepancies, or paycheck inaccuracies, are engaged in a protected activity. This includes filing a formal report with the Missouri Department of Labor and Industrial Relations or participating in investigations concerning wage violations.
You should never have to put up with retaliation when you’ve done nothing wrong. Learn more about how our St. Louis retaliation attorneys can help you get justice by contacting us online or calling (314) 819-0963.
FAQs About Workplace Retaliation
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Can I Recover Damages If I Prove Retaliation in Missouri?
In Missouri, if you successfully prove that you have been subjected to retaliation, you may be entitled to various forms of damages. The specifics can depend on the circumstances of your case and the nature of the retaliation. We understand how to accurately calculate damages in these cases and can pursue the maximum amount available under the law.
Recoverable damages can include back pay for lost wages due to wrongful termination or demotion, reinstatement to your previous job position, and compensation for any benefits you lost as a result of the retaliatory actions. In addition to compensation for quantifiable financial losses, you may also be eligible for damages related to emotional distress caused by the experience.
Furthermore, Missouri courts may award punitive damages in cases where an employer's conduct is deemed particularly malicious or egregious. Punitive damages are intended to punish the wrongdoer and deter similar future behavior.
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How Long Does a Missouri Retaliation Lawsuit Typically Take?
The duration of a retaliation lawsuit in Missouri can vary widely depending on several factors, such as the complexity of the case, the willingness of parties to settle, and the court's schedule. On average, such lawsuits may take anywhere from several months to a few years to resolve.
Initially, the process involves gathering evidence and filing the appropriate complaint with the court, which can take a few weeks to months. Pre-trial procedures, including discovery and depositions, can extend over several months as both parties collect and exchange information. If the case goes to trial, scheduling and trial proceedings may add additional months to the timeline. However, many cases are settled out of court, potentially shortening the duration considerably. We can walk you through how the legal process will work and provide regular updates as your case progresses so that you know what to expect.
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Can I Represent Myself in a Missouri Retaliation Case?
While you technically can represent yourself in a retaliation case, doing so is typically not advisable due to the complex nature of employment law and legal proceedings. Self-representation can put you at a disadvantage, as the legal system is intricate and requires a deep understanding of procedural rules, evidence gathering, and case law, which you may not possess.
Employment law attorneys can provide invaluable guidance in navigating these complexities. Our team has the skills necessary to negotiate with the opposing party or their legal team, potentially securing a more favorable outcome than an unrepresented individual might achieve. Furthermore, we can help identify and counter any defenses your employer might raise. Without legal representation, you might miss critical deadlines or fail to properly present evidence, which could jeopardize your case. Hiring an attorney can significantly enhance your chances of success.
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What Evidence Do I Need to Prove a Retaliation Case?
Proving a retaliation case requires gathering compelling evidence that demonstrates a link between engaging in a protected activity and the adverse action taken against you by your employer. We can help compile essential evidence and present it effectively during legal proceedings.
Key pieces of evidence you should work to gather for your retaliation case include:
- Documentation of protected activities. Keep records of any complaints or reports related to discrimination, harassment, safety violations, or other wrongdoing that you might have filed, whether they were verbal or written. This helps establish your participation in a protected activity.
- Adverse action evidence. Collect documentation showing the adverse actions you faced afterward, such as termination letters, demotion notices, pay reduction slips, or changes to job responsibilities. These should clearly highlight the detrimental effects that you suffered.
- Timeline correlations. Establish a clear timeline that indicates the proximity between your protected activity and the adverse action, which can demonstrate a cause-and-effect relationship. A short time span between these events can strengthen your case.
- Witness statements. We can help gather statements from colleagues or supervisors who can attest to your performance and the circumstances surrounding the adverse action. Their testimonies can corroborate your account and provide an unbiased view of the situation.
- Performance records. Maintain copies of your performance evaluations before and after the protected activity. Evidence showing a sudden or unexplained negative shift in evaluations can help prove retaliatory motives.
- Direct or indirect communications. Preserve emails, messages, or notes that include relevant communications between you and the employer or colleagues before and after the protected activity. Any admission of retaliation or implied threats in these communications can be vital.
- Patterns of retaliation. If applicable, gather evidence indicating a history of retaliatory behavior by the employer against other employees who engaged in protected activities. This can help demonstrate a pattern of behavior consistent with retaliation.
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Can I File a Retaliation Claim Anonymously?
While you may be able to report instances of discrimination, harassment, or unlawful activity without giving your name to the appropriate state agencies, it is not especially practical to file a retaliation claim anonymously. When you make other types of anonymous reports, the applicable agency may investigate the complaint but cannot provide you with updates or relief because you did not provide any contact information. Retaliation claims require detailed documentation and evidence, necessitating the identification of the parties involved. It is completely understandable that you may fear further retaliation, but an experienced lawyer can help protect your rights throughout the legal process.
- We advise you about whether you have a case and how strong it is.
- We help you negotiate for severance or a better severance package.
- We file charges for you with the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights, and the Illinois Department of Human Rights.
- We prosecute your case in state and federal court for a just result.
We Get Results!
Our clients say we are smart, hard-working, aggressive advocates, who will fight for your rights.
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"I have the utmost respect for Sedey Harper Westhoff."
They are a unique group of smart, talented, dedicated and passionate attorneys working together to represent their clients with the highest degree of legal expertise, and to make a positive difference in the world. Their work is unparalleled.
- Francine K. -
"The counsel that I received from Sedey Harper Westhoff during each phase of my discrimination and retaliation case was excellent."
The professionalism and knowledge exhibited, and the personal touch my family received, was comforting during a very difficult time in my life.
- Rickey D. -
"You don’t just get one attorney… you get an entire firm on your side. I can’t recommend them highly enough."
Their reputation with the court system and the opposing firm / defendant spoke volumes in getting this case to a winning settlement. Most importantly, they are real people in a sea of so many attorneys.
- Terry H.
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