How to Handle Workplace Retaliation Claims in Ohio

Workplace retaliation happens when an employer retaliates against a worker who has engaged in a legally protected activity. Employees who are targets of workplace retaliation should retain the advice and services of a Cleveland employment rights attorney.

Employers in Ohio have broad discretion regarding which individuals they may hire and fire, but no employer may fire a worker for an illegal reason. When employers fire employees because of their race, ethnicity, religion, or disability, that’s discrimination, and it’s illegal.

Employers may not fire workers as retaliation. When they do, it is wrongful termination, and it’s also illegal. Retaliatory firing is usually a response to whistle-blowing, reporting a crime, or filing a harassment or discrimination claim against the employer.

What Constitutes Workplace Retaliation in Ohio?

An employee must prove the following key elements to establish a strong workplace retaliation claim. Succeeding with a retaliation claim hinges on demonstrating all three of these components:

1. Protected activity: The employee engaged in a legal, protected activity.
2. Adverse action: The employer took retaliatory action against the employee.
3. Causal link: The protected activity and the retaliatory action are directly linked.

What Activity is Protected By Law?

Protected activity is the foundation of a workplace retaliation claim. In Ohio, protected activities are protected not by one law but by several statutes and legal precedents. Protected activities include, but are not limited to:

1. Reporting workplace discrimination or harassment based on protected characteristics (e.g., race, color, religion, sex, age, disability, or national origin) with a formal complaint to a human resources department or even an informal complaint to a supervisor.
2. Filing a workers’ compensation claim after a work-related injury, reporting health or safety violations to the Occupational Safety and Health Administration, or participating in an investigation of alleged discrimination or other illegal conduct.
3. Refusing to follow a supervisor’s order that the employee reasonably believes would result in a violation of the law, or reporting a suspected criminal offense that may cause imminent physical harm or a hazard to the public’s safety or health.
4. Requesting a reasonable accommodation for a religious belief or for a disability under the Americans with Disabilities Act.
5. Voicing concerns about wage and hour violations, such as unpaid overtime or pay below the minimum wage.

What Actions Constitute Workplace Retaliation?

To succeed with a workplace retaliation claim, an employer’s retaliatory action must be severe enough to deter a reasonable person from engaging in a protected activity. Retaliation includes more than firing or demoting an employee. Other examples include:

1. a demotion, pay cut, or significant reduction in hours
2. a temporary suspension
3. a transfer to a less desirable shift or position
4. creating a hostile work environment through intimidation, verbal abuse, or isolation
5. unjustifiably negative performance reviews or disciplinary actions

Linking Employee Acts to Retaliation

To prevail with your claim, there must also be a direct causal link between your protected activity and the employer’s retaliatory action. This may be the most challenging element to prove in a workplace retaliation case.

Evidence of a causal link may be circumstantial and may be demonstrated through:

1. Temporal proximity: The retaliatory action occurred soon after the protected activity. For example, a star employee with excellent reviews is suddenly fired a week after filing a discrimination complaint.
2. Changing explanations: The employer offers inconsistent or shifting reasons for the retaliatory action.
3. Disparate treatment: The employee who engaged in the protected activity is treated differently from similarly situated employees who did not.
4. Hostile comments: A manager suggests a link between the protected activity and the retaliatory action.

What Evidence Will You Need?

Building a strong case for retaliation relies on complete and precise documentation. Create and maintain a personal log that details all pertinent events. Include dates, times, the names of all individuals involved, and a factual, objective description of what happened. Be sure to note any specific comments, emails, or conversations.

Save all related documents such as emails, text messages, performance reviews, employee handbook policies, and written correspondence from your employer. If you are communicating with your employer about the issue, do so in writing when possible.

Following a company’s formal internal complaint procedure is generally a good idea. It shows you allowed your employer to address the issue. If the company responds inadequately or fails to respond, discuss the matter promptly with a Cleveland employment rights lawyer.

The Critical Role of Professional Guidance

Filing a workplace retaliation lawsuit is the first step of a complicated legal process. The challenges of proving a causal link and disproving an employer’s purported reasons for a retaliatory act make the guidance of a Cleveland employment rights attorney essential.

Consult a lawyer early. An employment rights lawyer can assess the facts of your case, determine which laws apply, and advise you on the best course of action. A lawyer can also help you compile and organize the evidence to build a strong case.

Your lawyer can be your strategic partner, communicating with your employer, representing you during an investigation of your claim, and negotiating on your behalf. Involving a Cleveland employment rights lawyer from the beginning may lead to a favorable and quick resolution.

Bring Your Workplace Retaliation Claim to Watson Kuhlman, LLC

Attempting to navigate the legal process on your own is exceedingly tricky. Any mistake, such as missing a critical deadline or failing to present sufficient evidence, could mean the permanent loss of your right to file a workplace retaliation claim.

An attorney’s help is invaluable in protecting your rights and maximizing your chances of prevailing with your workplace retaliation lawsuit. If you experience workplace retaliation in Ohio, contact an employment rights lawyer at Watson Kuhlman, LLC immediately.

Watson Kuhlman LLC will bring your workplace retaliation case to its best possible resolution while protecting your rights at each stage of the process. We offer authentic value and extraordinary client service. Schedule a free consultation to discuss what Watson Kuhlman, LLC can do for you by calling our Cleveland law offices at 216-208-7858.