Lebau & Neuworth has broad experience in handling workplace retaliation claims, including protection for clients who face retaliatory action in response to a complaint of discrimination or harassment, owed wages, and fraud against the government. Proving retaliation can be difficult, even though most federal laws that protect employees’ rights also make it illegal for an employer to retaliate against an employee.
To develop and prove such a case takes competent and skilled counsel. Lebau & Neuworth’s employment lawyers have consistently and successfully represented employees who have been the victims of workplace retaliation for attempting to exercise their legal rights in the workplace.
What Is Workplace Retaliation?
Workplace retaliation occurs when an employer takes adverse action against an employee for asserting their legal rights. In Maryland, workers are protected under laws that guard against harassment, discrimination, illegal workplace practices, and retaliation for reporting such violations. The Equal Employment Opportunity Commission (EEOC) and other agencies enforce these protections to ensure fairness in the workplace.
Legal Overview: Your Rights as an Employee
Employees are legally entitled to engage in certain protected activities without fear of retaliation. These activities include:
- Reporting violations to OSHA (Occupational Safety and Health Administration)
- Reporting violations to the Department of Labor
- Addressing sexual harassment claims
- Addressing employment discrimination
- Opposing illegal activities in the workplace
- Participating in union-sanctioned activities
If you face retaliation for any of these actions, you may have a valid claim.
Common Examples of Retaliation
Retaliation can take many forms, including:
- Suspension (with or without pay)
- Demotion
- Transfer to a different department or location
- Reassignment of duties
- Termination
- Exclusion from workplace activities
- Mistreatment or hostile work environment
- Reduction in work hours
- Reduction in salary or benefits
- Negative or unfair performance reviews
- Denial of a deserved promotion
These retaliatory actions violate both federal law and Maryland state law, and employees have legal protections against them.
Workplace Retaliation Laws in Maryland
Maryland workers facing workplace retaliation are protected under both federal and state laws designed to prevent unfair treatment and uphold employees’ rights. These laws ensure that workers can report illegal or discriminatory practices without fear of punishment.
Federal vs. State Protections
Workplace retaliation in Maryland is governed by a combination of federal and state laws, including:
- Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination and retaliation based on race, color, religion, sex, or national origin. Title VII is enforced by the EEOC.
- The Maryland Fair Employment Practices Act (FEPA): Provides broader state-level protections against retaliation and discrimination, extending to categories such as age, marital status, sexual orientation, and disability. The Maryland Commission on Civil Rights (MCCR) enforces FEPA provisions.
- Additional Federal Laws: Such as the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), which also include anti-retaliation provisions.
Time Limits for Filing a Claim
In retaliation cases, timely action is necessary due to strict federal and state deadlines:
- Federal Claims: A retaliation complaint must generally be filed with the EEOC within 180 days from the date of the retaliatory action.
- Maryland State Claims: Under FEPA, workers typically have 300 days from the date of the retaliation to file a complaint with the MCCR.
Failing to meet these deadlines can result in losing the right to pursue a retaliation claim.
Do I Have a Retaliation Claim?
If you believe you’re being treated unfairly because you spoke up or took action to protect your rights at work, it’s important to understand whether what you’re experiencing qualifies as retaliation. Retaliation can take many forms, and recognizing it early can help you protect yourself
How to Tell If You're Experiencing Retaliation
You may be experiencing retaliation if, after reporting workplace violations or exercising your rights, you notice:
- Sudden negative changes in your job duties or working conditions
- Unexplained disciplinary actions or poor performance reviews
- Reduced hours or paycuts
- Exclusion from meetings or workplace events
- Hostile or unfair treatment by supervisors or colleagues
Documentation and Evidence
To build a strong retaliation case, document everything carefully. Keep notes on incidents, dates, and conversations. Save relevant emails, performance reviews, or any written proof. Statements from coworkers who witnessed retaliation can also help.
What to Do If You Suspect Retaliation
To prove retaliation, you must show:
- You engaged in a protected activity
- You experienced an adverse employment action
- There is a direct link between your protected activity and the employer’s retaliatory conduct
Steps to Take Before Filing a Claim
- Document every incident linked to the retaliation, including dates and specifics.
- Collect evidence like emails, witness statements, or official reviews.
- Report the retaliation to your Human Resources department or another supervisor.
- Consult with a qualified attorney to evaluate your case and guide you through the legal process.
How Maryland Workplace Retaliation Lawyers Can Help
Facing retaliation at work can feel overwhelming and isolating. At Lebau & Neuworth, our experienced workplace retaliation attorneys bring over four decades of combined experience in Maryland employment law, helping workers navigate federal and state regulations with confidence. Whether negotiating a settlement or fighting in court, our goal is to secure the justice and compensation you deserve while supporting you every step of the way.
Why Choose Lebau & Neuworth?
Lebau & Neuworth has been a trusted legal partner for Maryland workers since 1981. Our attorneys combine proven litigation experience with a client-first philosophy that values open communication and respect.
Recognized as Tier 1 in Employment Law and Labor Litigation by Best Law Firms, we leverage this experience to defend your rights while keeping your best interests front and center.
Speak With a Maryland Workplace Retaliation Attorney Today
If you believe you’ve been retaliated against at work, don’t wait. Contact an experienced Maryland workplace retaliation lawyer to discuss your situation and explore your legal options.
Frequently Asked Questions About Workplace Retaliation
Can I be fired for reporting illegal activity at work?
No. Federal and Maryland laws protect employees from being fired or otherwise punished for reporting illegal or unsafe practices.
How long do I have to file a retaliation complaint in Maryland?
The time limits vary depending on the specific law and agency, but typically you must file within 180 days to 1 year of the retaliatory action.
What if I’m still employed but being treated unfairly?
You can still file a retaliation claim based on hostile treatment, demotion, or other adverse actions even if you haven't been fired.
What kind of compensation can I receive if I win a retaliation case?
Possible remedies include back pay, reinstatement, compensatory damages, punitive damages, and attorney’s fees.
