Memphis Retaliation Lawyer

Experienced Memphis Retaliation Attorneys Ready to Assist You

Donati Law, PLLC is well-versed in handling workplace retaliation claims on behalf of employees. Our Memphis employment law lawyers have been a part of successful, landmark retaliation cases at the U.S. Supreme Court and Tennessee Supreme Court. Retaliation generally takes the form of a termination, demotion, or harassment. But even a lateral reassignment can be retaliation if the reassignment impacts your eligibility for promotions or advancement. Various federal and state laws provide employees protection from retaliation by their employer as long as the employee has engaged in conduct protected by the law.

Protected Conduct: Understanding Your Rights

  • Opposing workplace discrimination against you or another employee
  • Assisting an investigation of discrimination
  • Refusing to engage in conduct you believe to be unlawful
  • Asking your employer about your legal rights
  • Taking protected medical leave
  • Requesting accommodations for a disability
  • Associating with other people of a certain race, sex, national origin, or religion, or otherwise exercising your rights under the law

Facing workplace retaliation? Protect your rights! Contact us today at (901) 209-5500 for a confidential consultation.

What Are the Rights of Employees?

Employees also have the right to organize without employer retaliation. This right includes the right to join or assist labor unions, to bargain collectively through representatives of their own choosing, and to engage in other activities for mutual aid or protection. If you "blow the whistle" on an employer's illegal activity, you may also have whistleblower protection. A number of state and federal statutes include anti-retaliation protection for individuals who report violations of the law. In some cases, the law rewards individuals who blow the whistle on illegal activity.

Understanding Workplace Retaliation

Workplace retaliation happens when an employer punishes an employee for exercising their legal rights. This can occur after an employee reports discrimination, harassment, wage violations, or unsafe working conditions.

Retaliation can take many forms, including:

  • Termination or demotion – Being fired or moved to a lower position without cause.

  • Pay cuts or reduced hours – Losing wages or hours for no legitimate reason.

  • Unjustified negative performance reviews – Receiving poor evaluations despite good work.

  • Exclusion from workplace opportunities – Being left out of important meetings, projects, or promotions.

  • Hostile work environment – Facing increased scrutiny, intimidation, or mistreatment.

Employees should recognize retaliation early and take action before the situation worsens.

How to Prove Retaliation

To file a strong retaliation claim, employees must gather evidence that connects their employer’s actions to their protected activity.

Key types of evidence include:

  • Timeline of events – Document when you engaged in protected activity and when retaliation began.

  • Emails and messages – Keep copies of written communication related to the retaliation.

  • Performance records – Compare past positive reviews with sudden negative feedback.

  • Witness statements – Colleagues who observed changes in your treatment can support your case.

  • Official complaints – Copies of any reports you made to HR or government agencies.

Employers often deny retaliation, so having clear documentation strengthens your case.

Legal Protections Against Retaliation

Federal and state laws protect employees from retaliation, ensuring they can report misconduct without fear of punishment. Key laws include:

  • Title VII of the Civil Rights Act – Protects employees who report age, gender, pregnancy, disability or racial discrimination or harassment.

  • Americans with Disabilities Act (ADA) – Protects employees who request disability accommodations.

  • Family and Medical Leave Act (FMLA) – Protects employees who take medical or family leave.

  • Occupational Safety and Health Act (OSHA) – Protects employees who report unsafe work conditions.

  • Whistleblower Protection Laws – Protect employees who expose illegal company practices.

If you believe you’ve been retaliated against, seeking legal help can protect your rights and hold your employer accountable.

Frequently Asked Questions (FAQ) About Workplace Retaliation

Can my employer retaliate against me for reporting a coworker’s discrimination case?

  • No. Even if the discrimination did not happen to you, you are still protected under the law if you report it or participate in an investigation.

Is retaliation always obvious, like being fired or demoted?

  • Not always. Retaliation can be subtle, such as suddenly being left out of meetings, receiving unfairly harsh feedback, or being reassigned to less desirable tasks.

Can I file a retaliation claim if I still work for my employer?

  • Yes. You don’t have to be fired to take legal action. If your employer is treating you unfairly because you asserted your rights, you may have a case.

What should I do if I suspect retaliation but have no direct proof?

  • Start documenting everything—emails, schedules, reviews, and interactions. Even without direct proof, a pattern of negative treatment can support your claim.

How long do I have to file a retaliation complaint?

  • Deadlines vary. The EEOC requires filing within 180 days, but in some cases, state laws extend this to 300 days. Whistleblower cases may have different deadlines.

Can my employer make my job more difficult as punishment for a complaint?

  • No. Making your job harder, isolating you, or setting you up for failure after a complaint can be considered retaliation.

Do I need a lawyer to file a retaliation claim?

  • While you can file on your own, a lawyer can strengthen your case by gathering evidence, handling negotiations, and representing you if needed.

Turn to Donati Law, PLLC for Assistance

Our employment law attorneys are ready to assist you if you are dealing with retaliation. We have more than 35 years in handling a wide range of employment law issues. We will protect your rights, from start to finish.

Don’t let retaliation go unchecked! Our legal team is ready to help. Contact us now at (901) 209-5500 to discuss your case.