Author: Lisa Pierson Weinberger, Mom, Esq.
When to Use
Several federal, state and local laws prohibit retaliation in the workplace. Because retaliation is prohibited by a number of different laws, employers must be aware of the risk of a retaliation claim any time an adverse action is taken against an employee who has recently engaged in protected activity, such as complaining of discrimination or harassment, unlawful compensation practices, unfair labor practices, or unsafe working conditions, or who has recently taken a protected leave of absence. As a result, employers have an obligation to ensure that employees are not subject to unlawful retaliation when exercising legal rights at work.