Lake Charles Retaliation Attorneys
All of the laws mentioned within this Labor and Employment section of the Sudduth and Associates website also make it illegal to retaliate against applicants or employees because they speak or participate in an employment discrimination investigation, proceeding, or lawsuit.
The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
In addition, other specific federal and state laws prohibit retaliation against individuals who engage in certain protected activities, including the Fair Labor Standards Act, the False Claims Act, and the Louisiana Whistleblower Statute.
In general, and this is grossly simplistic, however in general for someone to succeed in a retaliation claim, that person must prove:
- That they were engaged in “protected activity” under the law. “Protected activity” could include informal complaints to supervisors, participating in an internal investigation or grievance procedure, filing a charge of charge of discrimination, or bringing a lawsuit.
- An adverse employment action occurred (that could be firing, failing to promote, workplace discipline, change in benefits, demotion, suspension, or reassignment of duties.
The adverse employment action that was taken was taken because of the person engaging in the protected activity.
Worker’s Compensation Issues
The Louisiana Worker’s Compensation Act can be found at La. R.S. 23:1021 et. seq. and specifically protects workers from retaliation for filing a worker’s compensation claim. The workers’ compensation law prohibits you from refusing to hire or discharging anyone because they have asserted a claim for workers’ compensation benefits. Any person who has been denied employment or discharged from employment in violation of this law may be awarded one year’s salary, reasonable attorney’s fees and court costs.
NOTE: The number one issue we see with workers and employees is that they simply are not aware of their rights. Do not be intimidated or bullied from seeking the help you need. These statutes are in place to protect you, and we are here to help you assert those rights.
If you feel you have been a victim of retaliation, do not hesitate. Many companies have teams of lawyers looking out for their interests, you need the experienced and dedicated team of paralegals, attorneys, and investigators, to assist you here at Sudduth & Associates. Remember that the sooner you get a lawyer involved on your behalf the better your chances of a positive outcome. Contact us today at 1-833-SUDDUTH!
Over 100 Years of Collective Experience
Former Prosecutor Who Knows Both Sides of the Law
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Collaborative Approach to Your Case
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“If having someone on your side that gives a 110% and delivers a quality product is important, then James Sudduth III comes with my highest personal recommendation.”- Chris
“Throughout the entire ordeal, James could not have been more professional, courteous and knowledgeable regarding my employment issue. He was prompt with his responses and could not have shown more compassion for the issue.”- Former Client
“James & his caring team of professionals are a cut above the rest. They truly care about the legal issues I face, and aren't just 'going through the motions.' It's been a tremendous help during this transitional period in my life to have Jame”- Ashley