If you’ve spoken up about workplace misconduct or exercised your legal rights, you might expect support or neutrality from your employer as prescribed by law. Unfortunately, some employees in West Virginia find themselves facing retaliation instead. Whether it’s a sudden demotion, an unfair disciplinary action, or a more subtle form of mistreatment, retaliation can have serious consequences for you personally and professionally.
The good news? Workplace retaliation is illegal under both federal and West Virginia law. This blog will break down what constitutes retaliation, your legal rights as an employee, and what steps to take if you believe you’ve been retaliated against.
What Is Workplace Retaliation?
Workplace retaliation occurs when an employer punishes an employee for engaging in a legally protected activity. Protected activities can include things like:
- Filing a complaint about workplace discrimination, harassment, or safety violations.
- Testifying as a witness in a workplace investigation.
- Whistleblowing or reporting misconduct, such as fraud or illegal practices, to authorities.
- Filing for workers' compensation after a workplace injury.
- Participating in a protected union activity or other collective bargaining efforts.
- Requesting accommodations for a disability or religious practice.
Retaliation can take many forms, and not all of them are obvious. Here are some examples:
- Termination or wrongful dismissal.
- Demotions, pay cuts, or reduced work hours.
- Negative performance reviews that are baseless or exaggerated.
- Harassment or creating a hostile work environment.
- Exclusion from team meetings, projects, or advancement opportunities.
- Transfer to a less desirable position or location.
Is Retaliation Illegal in West Virginia?
Yes, workplace retaliation is illegal. Federal laws, such as the Americans with Disabilities Act (ADA), and the Occupational Safety and Health Act (OSHA) protect employees from retaliation.
Furthermore, West Virginia has robust laws to prevent workplace retaliation under the West Virginia Human Rights Act. This state law prohibits employers from retaliating against workers who report discrimination, harassment, or other illegal practices.
The West Virginia Whistle-Blower Law also protects public sector employees who report employer misconduct or legal violations. Private sector employees may be protected under similar federal laws and employment agreements when they report issues.
How Can You Prove Retaliation?
Proving retaliation often requires showing a connection between your protected activity and the retaliatory behavior. To establish a retaliation claim, you will typically need evidence of the following:
- Protected Activity
You engaged in an activity covered by anti-retaliation laws, such as reporting illegal discrimination or filing a complaint about unsafe working conditions.
- Adverse Action
Your employer took negative action against you, such as firing you, cutting your pay, or subjecting you to increased scrutiny or exclusion.
- Causal Connection
There must be evidence that your protected activity was the reason for the adverse action. Timing often plays a role—for example, an action taken immediately after your complaint could indicate retaliation. Emails, witness testimonies, or performance reviews may also serve as supporting evidence.
What Should You Do if You Believe You’ve Been Retaliated Against?
If you suspect your employer has retaliated against you, it’s important to take these steps to protect your rights:
- Document Everything
Keep detailed records of incidents that you believe are retaliatory. This includes emails, text messages, performance evaluations, or any communications that may show the timeline of events. Write down specific dates, times, and witnesses to incidences of retaliation.
- Review Your Workplace Policies
Many companies have anti-retaliation policies outlined in their employee handbook. Review these policies to understand any internal reporting procedures or protections offered.
- Report the Behavior
If you feel safe doing so, report the retaliation to your HR department or a supervisor. Some companies may take corrective action once they become aware of the situation.
- File a Complaint
If internal reporting doesn’t resolve the retaliation or you suspect it won’t, you can file a formal complaint. Federal agencies like the Equal Employment Opportunity Commission (EEOC) and OSHA handle such cases, and similar protections exist under West Virginia laws.
- Consult an Employment Attorney
Retaliation cases can be complex, and employers often deny wrongdoing. Consulting an experienced employment attorney can help you understand your rights, assess your case, and take the necessary legal steps to seek justice and compensation.
What Are the Possible Consequences for Employers?
Employers found guilty of retaliation can face significant legal and financial penalties. Consequences may include:
- Compensation to the employee for lost wages or benefits.
- Reinstatement to their position if they were wrongfully terminated.
- Emotional distress compensation for victims.
- Punitive damages to deter future retaliatory acts.
- Attorney fees and other legal costs.
Employers are also likely to face reputational damage, which can impact their ability to retain staff and attract talent.
Why You Have the Right to Stand Up
It can be intimidating to speak up against your employer, but remember this: You have the right to work in a safe, fair, and respectful environment. No employer has the right to punish you for doing what’s legal and ethical.
At Bailess Law Firm PLLC, we understand the fear and uncertainty that come with workplace retaliation. That’s why we’re here to fight for you. Our experienced employment attorneys have helped countless West Virginia employees protect their rights, hold employers accountable, and achieve justice.
If you believe you’ve experienced workplace retaliation, don’t wait. Contact us today at (304) 841-0037 for a consultation to discuss your case. We’re here to advocate for you every step of the way.