Stroud & Harper, P.C. Laywers

Retaliatory Discharge and Other Forms of Retaliation Against Employees

Several federal and state laws protect employees from unlawful retaliation by their employers.  Generally speaking, these anti-retaliation laws forbid an employer from discriminating against an employee or job applicant because that person engaged in protected activity such as the following:

1. opposing a unlawful employment practice, for example, making a complaint to the employer about discrimination based on race, color, religion, sex, or national origin;
2. filing an employment discrimination lawsuit in court or filing a charge of discrimination with a federal agency such as the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor or the Occupational Safety and Health Administration (OSHA); or,
3. testifying, assisting or participating as a witness or otherwise in a lawsuit or in an investigation or proceeding conducted by the employer or a federal agency or with respect to an allegation of unlawful employment practices.

In most instances, to succeed on a retaliation claim the employee or applicant must show that a reasonable person would have found the challenged action materially adverse, that is, the challenged action could well dissuaded a reasonable worker from making or supporting an allegation that the employer engaged in an unlawful employment practice.

Materially adverse actions include instances where the employer terminates, suspends or demotes the employee, or denies the employee a promotion, pay increase or non-wage benefit that otherwise would have been received but for the employee engaging in protected activity.  In certain situations, a job reassignment or transfer can be deemed a materially adverse action.  Furthermore, some particular factual circumstances may support a retaliation claim even where the adverse action is not related to the person’s job and/or does not occur at the workplace.

In the State of Tennessee, it is illegal for an employer to fire an employee because the employee made a claim for workers’ compensation benefits.  Unfortunately, at this time Mississippi law does not expressly prohibit a Mississippi employer from firing an employee for making a workers’ compensation claim.

As with all legal claims, it is very important that retaliations claims be made to the appropriate body – for example, a court or the EEOC – as soon as possible.  The specific deadlines can vary depending on such factors as the type of retaliation claim being made and/or whether the worker previously filed a charge of discrimination with the EEOC.

• Age Discrimination
• Americans with Disability Act (ADA)
• Civil Servants – dismissal from employment without cause
• Employment Contracts
• ERISA / Employee Benefits
• Fair Labor Standards Act (FLSA) claims – overtime; wage and hour
• Family Medical Leave Act (FMLA)
• Harassment Based on an Employee’s Race, Color or National Origin
• Malicious Interference with Employment Relationship
• National Origin / Ethnicity Discrimination
• Non-Compete and Non-Solicitation Issues
• Polygraph Disputes with Employers
• Pregnancy Discrimination
• Race/Color Discrimination
• Religious Discrimination
• Retaliatory Discharge and Other Forms of Retaliation Against Employees
• Separation Agreements / Severance Packages
• Sex/Gender Discrimination
• Sexual Harassment
• Tennessee Human Rights Act
• Uniformed Services Employment and Reemployment Rights Act (USERRA) – military leave claims
• Whistleblower / Illegal Activity Claims
• Workers' Compensation Retaliation Claims