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Retaliation Attorney in Charleston, WV
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Healthcare Worker Retaliation
Healthcare Worker Retaliation
Charleston, West Virginia Retaliation Attorney
Experienced Employment Law Attorney Serving Charleston, Huntington, Kanawha County, Putnam County, Cabell County, and All of West Virginia
As children, we were taught right from wrong. And we were taught to speak up when we see someone being treated unfairly or something that is unsafe. So as adults in the workplace, we know that the right thing to do when we see discrimination, harassment, or unlawful or unsafe conduct in the workplace is to speak up and report it to our supervisors or the authorities. But many workers are afraid to speak up because they fear that they will face retaliation. Unfortunately, those fears are valid because retaliation in the workplace is not uncommon.
What Does Retaliation Look Like?
Retaliation usually takes the form of one or more adverse employment decisions made against you after you oppose or report discrimination, harassment, unlawful or unsafe practices, or some other type of wrongful workplace conduct. The pattern of retaliation typically begins with your employer taking some disciplinary action against you, such as a coaching or a verbal or written warning, for a minor infraction even though your disciplinary record might have previously been clean. The employer will then find reasons to continue taking progressive disciplinary actions against you, such as write-ups, suspensions, performance improvement plans, etc., that it can use as a pretext to terminate your employment. In other words, the employer “papers your file” to make the termination appear to be justified. Often, the employer will discipline you for alleged offenses that have also been committed by other employees but did not result in discipline. Ultimately, the pattern of retaliation typically ends with your termination.
However, you should know that the law provides you protection when you report discrimination, harassment, unlawful or unsafe conduct, or a number of other types of wrongful workplace conduct. At Addair Entsminger PLLC, our lawyers have a wealth of experience fighting for the rights of our clients to stand up for themselves and others without suffering adverse employment consequences.
If you have been the victim of workplace retaliation, call us today at (304) 881-0411 so that we can get you the compensation to which you are entitled.
The law protects whistleblowers who oppose or report discrimination, harassment, unlawful or unsafe conduct, or a number of other types of wrongful workplace conduct. If your employer has retaliated against you, the law may entitle you to compensation that may include lost wages, emotional distress damages, punitive damages, and attorney’s fees.
To figure out what type of unlawful retaliation you have suffered, you can check the list below:
Retaliation for reporting or opposing race discrimination; sex discrimination; age discrimination; disability discrimination; pregnancy discrimination sexual harassment; hostile work environments based on race, sex, age or disability; and other acts of discrimination or harassment in violation of the West Virginia Human Rights Act, The Civil Rights Act of 1964, the Americans with Disabilities Act, or the Age Discrimination in Employment Act;
Retaliation for taking time off work for a serious medical condition, the birth of a child, certain exigencies arising from the military deployment of a family member, or to care for a child, spouse, or other member of family, regardless of being paid or unpaid for your leave, as outlined by the Family Medical Leave Act (FMLA);
Retaliation against healthcare workers in violation of the West Virginia Patient Safety Act for (1) advocating for patient safety; (2) reporting the abuse, misuse, destruction, or loss of funds, resources, or property belonging to a patient, a health care entity, or any federal or state program; or (3) reporting violations of laws, rules, regulations, or standards of practice that endanger the safety of patients, workers, or the public;
Retaliation for reporting or opposing unsafe working conditions that violate state or federal safety statutes such as OSHA or MSHA;
Retaliation for refusal to engage in or the reporting of fraud or other illegal activities;
Retaliation against government workers in violation of the West Virginia Whistleblower Act for reporting (1) substantial abuse, misuse, destruction or loss of funds or resources belonging to or derived from government sources or (2) violations of laws or regulations designed to protect the interest of the public;
Retaliation for seeking workers’ compensation benefits; and
Other types of retaliation prohibited by state or federal laws.
If you believe that you have been subjected to retaliation in the workplace, contact us now for a free consultation with our experienced retaliation lawyers to find out if you have a valid claim for compensation.
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