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Retaliation

Retaliation

State and federal laws prohibit employers from retaliating against employees who report and challenge conduct believed to be illegal.

An employee does need not to prove that the challenged conduct was actually unlawful to be entitled to anti-retaliation protection. For example, an employee who complains about illegal discrimination and is subsequently fired could ultimately succeed on a retaliation claim even if she fails on her discrimination claim. The employee just has to raise the allegation in good faith.

Employees who believe they have suffered unlawful retaliation are entitled to a number of remedies if they successfully prove their claims, including compensation for lost wages, emotional distress, punitive damages, attorneys’ fees, and reimbursement for certain incurred expenses. Remedies may also include reinstatement.

Some examples of retaliation are:

Title VII and the Massachusetts Fair Employment Act prohibit an employer from retaliating against an employee who reports discrimination based on gender, race, religion, sexual orientation or national origin.

The Americans with Disabilities Act and the Massachusetts Fair Employment Act prohibit an employer from retaliating against an employee who reports or challenges discrimination based on disability or requests an accommodation related to their disability.

The Age Discrimination in Employment Act and the Massachusetts Fair Employment Act prohibit an employer from retaliating against an employee who reports or challenges discrimination based on age.

The Family Medical Leave Act prohibits an employer from retaliating against an employee who seeks medical leave.

The Fair Labor Standards Act and the Massachusetts Wage Act prohibit an employer from retaliating against an employee who challenges unlawful wage practices, including the calculation of commissions, bonuses, tips or overtime.

If you or a family member think that you have been retaliated against, call KJC Law Firm for a free consultation.

We will tell you whether you have a case and help you get compensation for your loss. The lawyers at KJC Law Firm have more than 125 years of experience litigating major cases. KJC Law Firm represents people from communities across Massachusetts, including the Greater Boston area, Cambridge, MetroWest, Worcester, Springfield, Cape Cod, Fall River and Lowell.

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