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Workplace Retaliation Attorneys

Experienced Retaliation Attorneys Representing Current and Former Employees

Lynette Byrd
Attorney Lynette Byrd
Whistleblower Team Lead
Former DOJ Attorney
Nick Oberheiden
Attorney Nick Oberheiden
Whistleblower Team Lead
Brian Kuester
Attorney Brian Kuester
Whistleblower Team
Former U.S. Attorney and District Attorney

As an employee, you have clear legal rights. This includes the right to report discrimination, harassment, and other forms of wrongdoing without fear of retaliation.

However, many employers are not aware of the prohibitions against retaliation—and some employers simply ignore them. As a result, far too many employees experience retaliatory employment actions and find themselves in need of experienced legal representation.

Do You Have a Retaliation Case?

Are you eligible to file an unlawful retaliation lawsuit? Our legal team represents current and former employees in cases involving:

  • Written internal complaints or external complaints
  • Complaints involving workplace discrimination, harassment, and other illegal activities
  • Significant adverse employment actions (i.e., wrongful termination)
  • Adverse actions close in time to employees’ written complaints (i.e., within three months)
  • Availability of compensatory damages and the ability to collect from the employer or its insurer

Grounds to File a Workplace Retaliation Claim

Current and former employees can file workplace retaliation claims on various grounds. If you have questions about filing a claim related to any of the following, we encourage you to schedule a confidential consultation with an experienced workplace retaliation lawyer at Oberheiden P.C.:

Reporting Discrimination or Harassment in the Workplace

Reporting discrimination or harassment constitutes a protected activity under various state laws as well as federal laws such as Title VII of the Civil Rights Act of 1964. This means that employees have the right to file reports without fear that they will face retaliation in cases involving forms of unfair treatment including (but not limited to):

Age Discrimination

The federal Age Discrimination in Employment Act (ADEA) protects employees who are 40 or older against age-based discrimination. If an employer denies an employee a promotion or other job opportunity based on the employee’s age and then the employer retaliates against an employee who reports the wrongful denial (including the employee who experienced discrimination), a claim for workplace retaliation may be warranted.  

Disability Discrimination

Current and former employees can also file retaliation claims in cases involving violations of the Americans with Disabilities Act (ADA) and comparable state and local laws. This includes cases involving both discriminatory employment practices and denial of reasonable accommodations.

Race, Color, or National Origin Discrimination

Race, color, and national origin are protected classes under Title VII. They are protected classes under most (if not all) state anti-discrimination laws as well. Wrongful terminations, demotions, pay cuts, suspensions, denial of overtime pay, and other violations can all warrant complaints and serve as the basis for workplace retaliation claims when employers violate employees’ legally protected rights.

Religious Discrimination

Religious discrimination is prohibited under Title VII and applicable laws at the state level as well. If you have faced retaliation at work after reporting religious discrimination to your company’s human resources department, the Equal Employment Opportunity Commission (EEOC), or another external authority, an experienced employment attorney at our law firm can take appropriate legal action on your behalf.

Sex or Gender Discrimination

From negative performance reviews to wrongful termination, sex and gender discrimination can take many different forms. We represent employees in workplace retaliation cases involving reports of discrimination based on sex, gender, gender identity, sexual orientation, and other protected characteristics under applicable law.

Sexual Harassment

We represent employees in cases involving sexual harassment as well. Similar to workplace discrimination, workplace harassment can take various forms, and employees have the right to report all forms of harassment without fear that their employer will violate their employee rights. If you believe there is a causal link between your decision to report sexual harassment and your recent adverse employment action, we want to hear from you.

Reporting Violations of the False Claims Act and Other Federal Laws

Along with reporting discrimination and harassment in the workplace, employees are also protected when they report other violations of federal law. Federal whistleblowers are entitled to strong anti-retaliation protections, and employers that violate employees’ rights can be held liable for back pay and other damages (including punitive damages in some cases). We handle federal whistleblower retaliation cases involving complaints under statutes including, but not limited to:

  • Bank Secrecy Act (BSA)
  • Equal Pay Act (EPA)
  • False Claims Act (FCA)
  • Family and Medical Leave Act (FMLA)
  • Sarbanes-Oxley Act of 2002 (SOX)

We represent whistleblowers in cases involving these and other federal statutes, and we handle whistleblower retaliation cases involving these and other federal statutes as well. While there are no guarantees, we have a proven track record of obtaining favorable outcomes for our clients in these cases.

What You Can Expect from Our Workplace Retaliation and Employment Law Firm

We focus our workplace retaliation practice on representing executives, management personnel, and other higher-level employees (and former employees) of mid-size and large employers. All of our attorneys have senior-level experience, and our clients work directly with our attorneys throughout the process. With this in mind, here is what you can expect if you hire our team of experienced workplace retaliation attorneys to represent you:

  • Sophisticated Legal Advice – Our attorneys are intimately familiar with the local, state, and federal laws that apply in workplace retaliation cases. They rely on this intimate familiarity to provide sophisticated legal advice to all of our clients.
  • CustomTailored Legal Representation – We custom-tailor our legal representation to the circumstances of each individual case. Our attorneys will work closely with you to ensure that we are seeking a favorable outcome based on the specific circumstances at hand.
  • Direct Communication – As we mentioned above, you will have direct access to our senior attorneys throughout our engagement. You can expect to be in regular communication with our attorneys at all stages of your workplace retaliation case.  
  • A Focus on Recovering Maximum Damages – We focus on recovering maximum damages for our clients. This typically includes compensatory damages for lost wages and other financial and non-financial losses. It also includes punitive damages in some cases.
  • A Hybrid Fee Arrangement – We represent many of our workplace retaliation clients under a hybrid fee arrangement. With this arrangement, we typically charge either a retainer fee or a reduced billing and then receive a portion of our client’s award if the case is successful.

FAQs: What Current and Former Employees Need to Know About Filing Legal Challenges to Workplace Retaliation

What legal protections are afforded to employees who report discrimination and harassment?

As a general rule, employees who report discrimination and harassment are entitled to protection against retaliation by their employers. If you lost your job or experienced any other form of adverse employment action after reporting discrimination or harassment—either internally or externally—you may have a retaliation claim, and it will be worth speaking with an attorney about your legal rights.

Which federal agencies accept workplace retaliation claims?

While the Equal Employment Opportunity Commission (EEOC) and various other federal agencies accept workplace retaliation claims, contacting one of these agencies may or may not be your best option. Before you do anything, we strongly recommend consulting with an experienced workplace retaliation attorney who can help you make an informed decision about how best to proceed under the circumstances at hand.

Does filing a workplace retaliation claim involve going to state or federal court?

While filing a workplace retaliation claim may involve going to court in some cases, the vast majority of successful claims are resolved long before trial. In fact, most successful claims are resolved through the insurance claims process. Most mid-size and large employers have employment practices liability (EPL) insurance, and this insurance covers instances of unlawful retaliation. In all cases, our attorneys deal directly with employers and their insurance companies on behalf of our clients.

Can I file a workplace retaliation claim as a federal employee?

Similar to employees in the private sector, federal employees are generally protected against retaliation when they report discrimination, harassment, and other violations of federal law. The Whistleblower Protection Enhancement Act (WPEA) and various other federal laws may apply; and, depending on the circumstances involved, seeking appropriate remedies may involve filing a complaint with the Office of Special Counsel (OSC), the Merit Systems Protection Board (MSPB), or another federal entity.

How can I get legal help with my workplace retaliation claim?

If you have questions about filing a workplace retaliation claim against your employer (or former employer), you can get the legal help you need by scheduling a confidential consultation with an experienced workplace retaliation attorney. Our attorneys have extensive experience in these cases, and we can provide all of the advice and insights you need to make informed decisions about your next steps. To get started, schedule a confidential initial consultation today.


Schedule a Confidential Initial Consultation at Oberheiden P.C.

If you would like to know more about the process of filing a workplace retaliation claim, we strongly encourage you to get in touch. To schedule a confidential initial consultation with one of the experienced workplace retaliation attorneys at Oberheiden P.C., give us a call at 888-680-1745 or tell us how we can reach you online today.

Further Information About Our Workplace Retaliation Lawyer Services

Why Clients Trust Oberheiden P.C.

  • 2,000+ Cases Won
  • Available Nights & Weekends
  • Experienced Trial Attorneys
  • Former Department of Justice Trial Attorney
  • Former Federal Prosecutors, U.S. Attorney’s Office
  • Former Agents from FBI, OIG, DEA
  • Serving Clients Nationwide
Contact Us 888-680-1745 866-781-9539