What Personal Injury Attorneys Do in Cases of Workplace Retaliation
Personal injury attorneys play a crucial role when it comes to cases of workplace retaliation. They are the legal professionals who guide and assist individuals who have been discriminated against or retaliated upon by their employers due to various reasons, including but not limited to, reporting an unsafe working condition, filing a workers’ compensation claim, or blowing the whistle on illegal activities within the organization.
Workplace retaliation is any adverse action that an employer takes against an employee as punishment for engaging in legally protected activity. Such activities could include reporting harassment or discrimination, participating in investigations into such claims, or refusing to engage in illegal actions at the request of the employer. Retaliation can take many forms – from termination and demotion to more subtle methods like shifting job duties or changing work schedules.
Personal injury attorneys step into these situations with a clear understanding of employment laws and regulations that protect employees from such retaliatory actions. They start by evaluating each case’s facts and circumstances thoroughly. This often includes reviewing any relevant documentation such as emails, memos, performance reviews, disciplinary records among others; interviewing witnesses if available; and scrutinizing company policies related to workplace conduct.
Once they’ve gathered all pertinent information about the alleged retaliation incident(s), personal injury attorneys then determine whether there’s enough evidence to support a claim under state law or federal statutes like Title VII of Civil Rights Act 1964 which prohibits employment discrimination based on race, color, religion sex (including pregnancy) national origin; Age Discrimination Employment Act (ADEA); Americans Disabilities Act (ADA) etc.
If there’s sufficient proof indicating possible retaliation violation(s), personal injury attorneys will advise clients on their best course of action – this might involve initiating negotiation processes with employers aimed at resolving disputes amicably out-of-court through settlements which may include monetary damages for lost wages emotional distress etc., reinstatement back into previous positions if applicable among other potential remedies depending on specific case factors.
However if negotiations fail or aren’t feasible, personal injury attorneys will then proceed to file formal retaliation complaints on behalf of clients with appropriate government agencies like Equal Employment Opportunity Commission (EEOC) or state-equivalent bodies. This is usually a prerequisite before lawsuits can be filed in court.
In court, personal injury attorneys represent their clients and present the case before a judge or jury. They argue the facts, present evidence, cross-examine witnesses and aim to convince the court that retaliation has indeed occurred and that their client deserves compensation for their suffering.
Therefore, in cases of workplace retaliation, personal injury attorneys perform an essential role by serving as advocates for employees who have been unjustly treated by their employers. Their expertise in employment law ensures that victims’ rights are upheld and justice served thereby promoting fair treatment within workplaces.
Munley Law Personal Injury Attorneys
1617 John F Kennedy Blvd #1690, Philadelphia, PA 19103
12155157747