Louisville, Kentucky, Retaliation Lawyers

Does it seem as though your employer, or those you work under, treat you differently all of a sudden? Has your employer recently taken any of the following actions against you that may be unwarranted?

• Demoting you
• Giving you an uncharacteristically unfavorable evaluation
• Changing your schedule
• Reducing your pay
• Reassigning you to a less desirable position
• Disciplining you for actions that others do not get disciplined for
• Terminating you

Your employer may take other retaliatory actions against you, but the above should give you some idea of the types of behaviors that federal and Kentucky law may view as retaliation.

The Law Prohibits Employers From Retaliating Against Employees Who Engage In Protected Activities

Employers may not retaliate against employees for taking part in “protected activities” such as the following:

• Filing or pursuing a workers’ compensation claim
• Refusing to engage in illegal activities
• Reporting illegal activities in the workplace
• Complaining about harassment or discrimination
• Refusing to participate in discriminatory actions or activities against other employees

The retaliatory actions of an employer may be subtle. For instance, your employer may demand that you return to work before you fully recover from a work-related injury or may put you into a position that pays less or changes your schedule.

Frequently Asked Questions About Employment Retaliation

Retaliation can take many forms, and understanding your rights is essential when deciding how to respond. These answers address common concerns that arise after an employer or supervisor crosses the line.

How long do I have to file a retaliation claim in Kentucky?

The deadline to file a retaliation claim depends on the law that applies to your situation. If your claim falls under federal law, such as Title VII or the Americans with Disabilities Act, you generally must file with the Equal Employment Opportunity Commission within 300 days of the retaliatory act.

For claims under Kentucky law, the statute of limitations may vary depending on the nature of the retaliation and the legal basis for your claim. Some state claims must be filed within one year while others may allow more time. Because deadlines are strict and missing them can bar your claim entirely, it is wise to speak with an attorney as soon as possible.

What kinds of damages can I recover if I win a retaliation case?

If you succeed in a retaliation claim, you may be entitled to several types of damages. These can include back pay for lost wages, front pay if reinstatement is not possible, compensation for emotional distress and attorney’s fees.

In some cases, punitive damages may be awarded to punish especially egregious conduct. You may also be eligible for equitable relief such as job reinstatement or promotion depending on the facts of your case.

Each case is different, and the damages available will depend on the harm you suffered and the laws that apply.

Does retaliation only come directly from my employer, or can supervisors and managers also be liable?

Retaliation does not always come from the top. Supervisors, managers and even co-workers can engage in retaliatory behavior that violates the law. While the employer is typically the party held legally responsible, those who participate in retaliation may also face consequences under certain statutes.

For example, federal law may allow claims against individual actors in limited circumstances, and Kentucky law may provide remedies depending on the role and conduct of the person involved. If someone in a position of authority is making your work life harder because you spoke up, that behavior may also be actionable.

What Can You Do About It?

You may wonder whether you can do something about your employer’s retaliation since you need your job. Part of you may want to just keep your mouth shut and your head down, but what good would that do? Your employer will more than likely continue to make your life difficult and may even try to get you to quit. You may not be the first individual this has happened to either.

Your employer probably believes that you won’t say anything and will just put up with it. He or she may have gotten away with it in the past. In any case, you can do something about it. If you engaged in a protected activity and now suffer retaliation from your employer, the law is on your side. It may help to discuss the matter with an attorney at Kentucky Employment Lawyers. After reviewing your circumstances and explaining your rights, we provide you with an honest assessment of your situation and options. To see an overview of what is involved in preparing to file a complaint, visit our guidelines page.

If you want to know more, contact us at our Louisville office by calling 502-791-9296 or online to schedule a free initial consultation.