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

What is Workplace Retaliation?

Workplace retaliation occurs when an employer or supervisor takes negative action against an employee for engaging in a legally protected activity, such as reporting discrimination, harassment, or unsafe working conditions. Retaliation is illegal and can create a hostile work environment, discouraging employees from speaking up about workplace issues.

Common types of workplace retaliation include:

  • Termination or Demotion – Firing or demoting an employee after they report a complaint or participate in an investigation.
  • Pay Reduction or Loss of Benefits – Cutting an employee’s salary, bonuses, or benefits in response to their actions.
  • Unjustified Poor Performance Reviews – Giving negative evaluations to discredit the employee’s work, even if their performance has been satisfactory.
  • Increased Scrutiny or Micromanagement – Subjecting an employee to excessive supervision or unwarranted criticism.
  • Exclusion or Isolation – Leaving the employee out of meetings, projects, or workplace activities.
  • Work Schedule or Assignment Changes – Assigning undesirable shifts, reducing hours, or giving the employee excessive or unmanageable workloads.
  • Verbal or Physical Harassment – Subjecting the employee to threats, intimidation, or a hostile work atmosphere.
  • Reassignment to a Less Favorable Position – Moving an employee to a lower-status role or location without a valid reason.
  • Loss of Promotional Opportunities – Denying a promotion or advancement despite the employee’s qualifications.
  • Unwarranted Disciplinary Actions – Issuing warnings, suspensions, or write-ups based on false or exaggerated claims.

If an employee believes they are facing retaliation, they should document incidents, report concerns to HR or a legal professional, and understand their rights under workplace protection laws.

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.

If you experience workplace retaliation in Tennessee, you can take the following legal steps to report and address the issue:

  1. Document the Retaliation – Start by collecting evidence such as emails, messages, or performance reviews that show changes before and after the retaliation. Keep records of any complaints you made and how your employer responded. Witness statements from coworkers can also help strengthen your case.
  2. Report the Retaliation Internally – Follow your company’s procedures by reporting the issue to HR or a supervisor who is not involved in the retaliation. Submit a formal complaint and request a written response to document the issue. This step gives your employer a chance to resolve the problem before taking legal action.
  3. File a Complaint with a Government Agency – If internal reporting does not help, you can file a complaint with the Tennessee Human Rights Commission (THRC), the Equal Employment Opportunity Commission (EEOC), or the Occupational Safety and Health Administration (OSHA). Each agency has deadlines: THRC (180 days), EEOC (300 days), and OSHA (30 days) from the retaliatory act. Complaints can be submitted online, by phone, or in person through their respective websites or offices.
  4. Consider Legal Action – If government agencies do not resolve your case, you can file a lawsuit against your employer. An employment attorney can help determine if you have a claim under Tennessee’s Whistleblower Protection Law or other workplace protection laws. Legal action may be necessary to seek compensation or job reinstatement.
  5. Remedies for Workplace Retaliation – If your claim is successful, you may receive reinstatement, back pay, or compensation for emotional distress. In some cases, legal fees and court costs may also be covered. These remedies help restore what was lost due to retaliation and hold employers accountable.

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.

Confront Workplace Retaliation: Contact Donati Law, PLLC at (901) 209-5500