If an employee has been mistreated at the workplace, they have a right to make a formal or informal complaint. Whether it’s harassment, discrimination, or requesting unpaid overtime, federal law mandates that an employee can engage in filing a complaint as a protected activity. As long as the complaint was made in good faith, if your employer retaliates against you, your employer has violated the law.
In this brief article, we will discuss some ways an employee can make a complaint and ways that an employer retaliates against that employee for taking part in this protected activity. Remember, for your wage and hour legal needs, an unpaid overtime lawyer in Tampa is here to offer you experienced and accurate legal counsel.
Ways You Can Make a Complaint
Employees have several options for reporting a grievance. However, there are two primary ways you can file a complaint: internally or externally.
Internal Complaint: This can be done within your workplace through a conversation with a department supervisor, a Human Resources manager, or the hiring manager of the company. Another form of creating an internal complaint is by providing any of these management-level employees with a written complaint highlighting your grievance.
External Complaint: Filing a complaint can also be performed externally through a third party. For example, for any workplace harassment or discrimination issues, you can file a formal report through the Equal Employment Opportunity Commission (EEOC). For any wage and hour disputes, you can contact the Department of Labor. Another option is consulting with one of our unpaid overtime lawyers in Tampa.
Ways You Can Experience Retaliation
If you made a complaint, either internally or externally, and after reporting your grievance your position was impacted negatively, you have likely become the target of retaliatory actions. An “adverse employment action” could include any of the following actions:
- Reduced pay
- Reduced hours
- Loss of Benefits
- Demotion of Job Title
- Demotion of Job Responsibilities
- Treated Poorly in the Workplace (verbal or physical abuse, threatened, etc.)
- Negative Performance Evaluation
If you filed a formal complaint and your employer has retaliated against you, it’s important that you collect any evidence you have to support your claim. Emails, evaluations, and other documentation can be used as evidence to show that your employer’s view of your performance shifted after you participated in a protected activity. After keeping track of this important information, consult with an unpaid overtime lawyer in Tampa. Our law firm can determine whether or not you have a case.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.