Asking for your pay or making a wage complaint. The federal Fair Labor Standards Act (FLSA) prohibits anyone from retaliating against employees for making a wage complaint or participating in a wage investigation regarding the FLSA (federal minimum or overtime wage law). This protection includes both formal complaints with a court or agency and informal complaints made to the employer, and the protections extend to both current and former employees. These anti-retaliation provisions also apply broadly against any person who retaliates against an employee for taking a protected action under the FLSA. That means managers and other individuals, as well as businesses, can be held personally liable for retaliation.
Illegal Employment Retaliation – Federal Law
Illegal retaliation under state and federal law occurs when an employer takes an unfavorable employment action towards an employee because the employee engaged in a protected employment activity. This means the employee took an action in relation to the employment that the employee has a specific legal right to take. Many different state and federal laws designate certain kinds of employee activities as protected.
Protected employment activities can include things like voluntarily discussing your wages, asking your employer pay wages or other compensation owed, or making a wage claim; using sick time or other protected leave time that you are entitled to use; requesting an accommodation for a disability or for pregnancy; making a workplace safety complaint; filing a workers’ compensation claim for a workplace injury; objecting to an illegal workplace policy or practice; reporting a crime; or filing a legal claim against your employer. The anti-retaliation laws that apply can also depend on whether you work in Oregon or in Washington (or both).
A protected employment activity isn’t necessarily the same as an action that the employer permits under its handbook or policies, although many employers do have written policies about employees’ rights under the law (like a discrimination-free workplace, or sick and medical leave time, or reporting workplace injuries and safety hazards). Generally, the law looks to whether the activity is specifically protected by an anti-retaliation law or is implicated as protected by law and state public policies.
These inquiries can be both law- and fact-specific. Employees don’t need to use any special words or phrases to “invoke” a legal employment right, but it’s also important that employer has enough information to know that’s what the employee is doing. Some employment laws also set out more specific procedures for exercising and enforcing employment rights. These can include things like written documentation or notices to the employer, or requiring the employee to file a complaint with a state or federal agency before suing the employer in court over a retaliatory action. For all these reasons, employees who believe their rights have been violated shouldn’t delay in seeking legal advice.
Your Rights Are Protected
Employees who have been negatively impacted in their employment because of retaliation for a protected activity may be entitled to legal remedies including reinstatement and back wages, lost income due to a demotion or termination, damages for emotional distress, additional monetary amounts as a penalty against the employer, and court orders requiring the employer to take other actions to remedy the retaliation.
Under these laws, employers are often also required to pay the legal fees and costs of a successful employee. The attorneys at Schuck Law work on a contingency basis to recover money damages and pursue legal remedies for employees at no out-of-pocket cost to our clients.
If you believe your employer has illegally retaliated against you, the attorneys at Schuck Law may be able to help. Call 360-566-9243 to find out if Schuck Law can help you and to set up a free initial phone consultation with our attorneys.
Retaliation & Whistleblowing: FAQs
What is the difference between whistleblowing and reporting a workplace grievance?
Whistleblowing involves reporting violations of law or risks to public health or workplace safety. Generally, federal and state laws protect employees from retaliation for reporting illegal or unsafe conduct or conditions to a workplace superior or to an outside government agency (for example, OSHA), or for participating in a work-related investigation by a government agency. Other types of individual workplace disputes and grievances, like personality conflicts with coworkers or supervisors, disagreements over work assignments, or individual contract disputes may not qualify for whistleblower protection unless they involve broader legal or public safety issues or are motivated by illegal discrimination.
Am I still protected if my employer doesn’t act on my complaint?
Whether or not the employer addresses the suspected illegal or unsafe activity, or even finds that its conduct complies with the law, employees are still protected from retaliation for making a good-faith report of unsafe or illegal working conditions. The protection exists regardless of whether an investigation occurs, the wrongdoing is substantiated, corrective action is taken, or the employee’s report leads to any other outcome. A good faith belief that illegal or unsafe conduct or conditions occurred, reported to a person or agency who has the authority to take action, is typically sufficient for protection. This is true even if no further action is taken or if the report proves to be incorrect or unfounded.
Am I protected if I talk about my pay or ask for the pay I’m owed?
Yes. Employers cannot retaliate against employees for filing wage claims or exercising wage and hour rights. Retaliation for assisting coworkers with wage claims is also illegal. This can include things like sharing information about your wages or about wage and hour violations, participating in group complaints about unpaid wages, encouraging coworkers to report wage violations, or testifying as a witness in a wage claim investigation or proceeding. Protection extends to all employees who assist in wage claim activities, not just the primary employee making the claim.
Am I protected if I file a workers’ compensation claim?
Yes. Employers cannot retaliate against employees for reporting workplace injuries or filing a workers’ compensation claim. However, generally, an employer can still discipline an employee for violating workplace safety practices if the employee’s unsafe conduct caused a safety violation or a workplace injury.
Am I protected if I report illegal discrimination or retaliation against another employee?
Yes. Both federal and state laws protect employees from retaliation for reporting what they believe to be illegal discrimination, illegal retaliation, and other types of unlawful actions by the employer, even if the employee who makes the report wasn’t the original target of the employer’s unlawful acts.
Federal Whistleblower Protections
- Wage Complaints: The Fair Labor Standards Act (FLSA)
- Workplace Safety Complaints and Injury Reports: The Occupational Safety & Health Act (OSH)
- Protected Medical Leave Time: The Family Medical Leave Act (FMLA)
- Disability and Pregnancy Accommodations: The Americans with Disabilities Act (ADA) and The Pregnant Workers’ Fairness Act (PWFA)
- Discrimination Based on a “Protected Personal Characteristic”: Title VII of the Civil Rights Act of 1964 (Title VII) and The Age Discrimination in Employment Act (ADEA)
- Other Illegal Employer Acts and “Whistleblower” Protection Laws
Federal employment laws protect employees’ rights to be safe from retaliation for protected actions including but not limited to:
Wage Complaints: The Fair Labor Standards Act (FLSA)
Workplace Safety Complaints and Injury Reports: The Occupational Safety & Health Act (OSH)
Making a workplace safety complaint or reporting a workplace injury. The federal Occupational Safety and Health Act (OSH) prohibits employers from retaliating against employees for making a health or safety complaint, reporting unsafe or unhealthy workplace conditions, reporting a workplace injury, or participating in an OSHA investigation. Many types of retaliation complaints under this federal law must be filed with the federal Occupational Safety and Health Administration (OSHA) prior to or instead of filing a court case. There are strict timelines for filing these kinds of administrative complaints, so employees who believe their rights have been violated shouldn’t delay in seeking legal advice. However, this requirement doesn’t necessarily apply to retaliation claims brought under Oregon or Washington state workplace safety laws, so employees who haven’t filed an administrative complaint with OSHA may still be able to bring a lawsuit against their employers under state law.
Protected Medical Leave Time: The Family Medical Leave Act (FMLA)
Asking for or using protected medical leave time. The federal Family Medical Leave Act (FMLA) prohibits employers from retaliating against employees for asking about their rights to use FMLA leave or for using FMLA leave to which they are entitled, or for objecting to employer practices or policies that are illegal under FMLA. Illegal practices can include things like discouraging employees from using FMLA leave, refusing to authorize FMLA leave to which an employee is entitled, and making unnecessary changes to job functions or job locations to try to avoid FMLA leave and job restoration requirements. FMLA also prohibits any retaliation against any person for filing or participating in a legal claim related to FMLA. In some cases managers and other individuals, as well as businesses, can be held personally liable for retaliation.
Disability and Pregnancy Accommodations: The Americans with Disabilities Act (ADA) and The Pregnant Workers’ Fairness Act (PWFA)
Requesting an accommodation for a disability or due to pregnancy. The Americans With Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA) prohibit employers from retaliating against employees for asking about their rights to accommodations, for requesting an accommodation, or due to the need to provide accommodations. Employers also cannot force pregnant employees to accept changed job conditions as an unwanted “accommodation” for pregnancy, or to take an unwanted leave of absence due to a pregnancy. In most cases, employees must bring claims through an administrative process with the federal Equal Employment Opportunity Commission (EEOC) or its state-level equivalents (Oregon Bureau of Labor & Industries (BOLI) and Washington Human Rights Commission (HRC)) before they can bring their ADA or PWFA retaliation claims against their employers in court. However, this requirement doesn’t apply to retaliation claims brought under Oregon or Washington state disability discrimination laws, so employees who haven’t filed an administrative complaint may still be able to bring a lawsuit against their employers under state law.
Discrimination Based on a “Protected Personal Characteristic”: Title VII of the Civil Rights Act of 1964 (Title VII) and The Age Discrimination in Employment Act (ADEA)
Complaining about illegal discrimination based on a “protected personal characteristic.” Title VII of the Civil Rights Act of 1964 (Title VII) and the Age Discrimination in Employment Act (ADEA) prohibit employers from retaliating against employees for asking about employee rights to be free from discrimination based on “protected personal characteristics” (sex, race, color, religion, national origin, or age); or for objecting to employer policies or actions that discriminate based on a protected personal characteristic. In most cases, employees must bring claims through an administrative process with the federal Equal Employment Opportunity Commission (EEOC) or its state-level equivalents (Oregon Bureau of Labor & Industries (BOLI) and Washington Human Rights Commission (HRC)) before they can bring their Title VII retaliation claims against their employers in court. However, this requirement doesn’t apply to retaliation claims brought under Oregon or Washington state anti-discrimination laws, so employees who haven’t filed an administrative complaint may still be able to bring a lawsuit against their employers under state law.
Other Illegal Employer Acts and “Whistleblower” Protection Laws
Complaining about other types of employer acts that the employee thinks are illegal. The examples of “whistleblower” protections listed here aren’t exhaustive. For example, federal laws also protect certain reports or complaints of other kinds of suspected illegal acts by employers, like reporting certain kinds of financial crimes or making accurate legal filings with government agencies. Other types of labor rights and labor organizing / unionizing rights are also protected by law.
Under these federal laws, employees who have been wrongfully fired or who have suffered illegal retaliation may have legal claims against the employer for money damages, legal costs and fees, and other remedies.
The examples of “whistleblower” protections listed here aren’t exhaustive. For personalized guidance regarding employment law violations, consult with an experienced employment attorney.
Schuck Law: Protecting You From Employment Retaliation
If you believe your employer has retaliated against you in your pay, promotions, or other terms of employment because of a protected activity, the attorneys at Schuck Law may be able to help you with your legal claims. Employees who have been fired, denied a promotion or pay raise, or otherwise suffered retaliation in their employment due to a protected activity may be entitled to legal remedies including reinstatement and back wages, lost income due to a demotion or termination, damages for emotional distress, additional monetary amounts as a penalty against the employer, and court orders requiring the employer to take other actions to remedy the retaliation. Under these laws, employers are often also required to pay the legal fees and costs of a successful employee. The attorneys at Schuck Law work on a contingency basis to recover money damages and pursue legal remedies for employees at no out-of-pocket cost to our clients.
Call 360-566-9243 to find out if Schuck Law can help you and to set up a phone consultation with our attorneys.
Important Legal Disclaimer: This website contains general information only, not legal advice. It is not intended, nor should it be relied upon, as legal advice. Reading of this website does not create an attorney client relationship. Each employment situation has unique facts, which when considered by the lawyers at Schuck Law, would result in specific legal advice or opinions. For this reason, Schuck Law does not guarantee any actions taken by any person or entity based upon another’s interpretation of this website. If you are an employee and want to discuss your specific situation, our lawyers offer consultation with no obligation to pay any money, sign up, or incur lawyer fees. Schuck Law generally takes nearly all cases on a contingency fee basis making employers pay the employee’s lawyer fees to Schuck Law. If the employee does not sign a fee agreement with Schuck Law, no attorney client relationship is formed. Despite this fact, communications with Schuck Law are confidential.