Mitchell, Sheahan & Slippen, P.C. has over 50 years of experience working with employers throughout Connecticut. If you are facing accusations of retaliation by an employee, we are here to discuss pursuing a favorable resolution, including providing an aggressive defense when necessary.
Working with a full-time employment attorney offers many benefits. When you hire our Fairfield County employment law attorneys, you can trust we will:
- Meet with you and take the time to understand the situation and your business organization
- Thoroughly investigate the allegations of employer retaliation against your company
- Gather and analyze all evidence, facts, and the relevant laws and regulations
- Assess the potential outcomes to develop a legal defense tailored to protect your company’s best interests
- Pursue an efficient, cost-effective, and favorable resolution to the case, including utilizing alternative dispute resolution methods such as mediation and arbitration
- Work to negotiate a fair settlement when possible
- Prepare a compelling legal argument and take the matter to trial when necessary
Our lawyers are skilled and well-versed in federal, state, and local employment laws. We are seasoned employment lawyers with a deep understanding of the issues faced by employers. Our legal team assists businesses with every aspect of employment, from developing employee policies and procedures to navigating employment disputes and ensuring compliance with labor laws.
Call Mitchell, Sheahan & Slippen, P.C. to schedule a consultation with our Fairfield County retaliation defense lawyers.
What Is Employer Retaliation in Connecticut?
Retaliation is a harmful act or punishment taken by an employer in response to an employee engaging in a legally protected activity. Workplace retaliation is prohibited under state and federal laws, including the Connecticut Fair Employment Practice Act (CFEPA).
Protected activities include, but are not limited to:
- Filing a complaint about the employee’s rights
- Inquiring about the worker’s pay, work hours, and other rights
- Reporting workplace discrimination
- Filing a workers’ compensation claim
- Becoming a whistleblower to expose illegal activities by the employer
- Taking legitimate medical leave
- Reporting incidents of harassment or other workplace misconduct
- Exercising their rights under federal and state employment laws
Retaliation can take many forms, including wrongful termination, harassment, and bullying. It also includes taking other adverse actions against an employee designed to be punitive, such as demotions, salary decreases, transferring the employee to a less desirable position, issuing unserved reprimands, and making unreasonable demands.
Employers have the right to terminate or discipline workers for non-discriminatory and non-retaliatory reasons that would have otherwise resulted in the employer’s actions. However, employees often claim that these actions were taken in retaliation for a protected activity. When that happens, the employer needs to take immediate action to protect themselves from an employer retaliation claim.
Defenses Employers May Use to Retaliation Claims in Connecticut
Generally, an employee bears the burden of proving retaliation. They must prove that the reasons you stated for taking adverse actions were a pretext for employer retaliation. However, it is unwise to rely on the belief you acted justly. Preparing a strong defense against retaliation claims is essential for protecting your company’s interest.
Potential defenses to employer retaliation claims include:
Non-Discriminatory Reasons
Employers can argue that the employment decision was a legitimate action based on valid reasons unrelated to the employee’s protected activity. An employer may have many reasons for making adverse employment decisions, including poor job performance, economic downturns, and company downsizing. You need to establish that you adhered to company policies and procedures.
No Causal Connection
An employer may present evidence to demonstrate there is no causal connection between the employee’s protected activity and the employer’s actions. A significant time gap between the events may be used as evidence of a lack of causal connection. An employer receiving information after the employee’s activity that justifies the employer’s actions can also support a lack of causal connection.
Job Requirements and Performance Issues
Employers may use evidence to prove that their actions were related to the employee’s poor performance. Past performance issues can be a strong defense in retaliation cases. Evidence demonstrating the employer’s actions were directly related to the employee’s inability to meet their job requirements could also be a defense.
Business Necessity
Some adverse employment actions taken by employers are necessary to achieve a valid business objective or need. For example, employment regulations may require the employer to make changes to personnel for compliance.
What to Do if an Employee Accuses Your Company of Workplace Retaliation?
If an employee accuses you or your company of retaliation, there are several steps to take to protect your reputation and interests. After allegations of employer retaliation, a company needs to gather evidence to give to an employment attorney to use in its defense.
Evidence an employer may use in a retaliation action includes:
- Employee performance reviews and improvement plans
- Complaints filed by the employee alleging other employment misconduct
- Reprimands and warnings given to the employee
- Company policies and procedures
- The employee’s personnel file, including employment contracts if applicable
- Texts, emails, voicemails, and other communication between the employer and the employee
- Records of investigations involving the employee
- Documents of adverse employment actions or disciplinary actions against the employee
Make copies for your attorney and retain the original copies in the employee’s file. Limit access to the employee’s file to persons who have a legitimate reason for accessing the information.
Call Mitchell, Sheahan & Slippen, P.C. as soon as possible to speak with an attorney. Defending against employee retaliation claims is never easy. Having experienced legal counsel to provide guidance and representation is the key to resolving the matter in the best possible manner for your company.
Contact Our Fairfield County Retaliation Defense Attorneys for a Confidential Consultation
When an employee accuses your company of employer retaliation, you need a skilled employment law attorney to handle the defense. Call Mitchell, Sheahan & Slippen, P.C. to discuss how our attorneys can help protect your company’s reputation and interests.