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. Regardless of the employment discrimination statute or law that applies to you or your situation, there will be language to the effect of:

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.  For additional information regarding retaliation under the FLSA, click here. For additional information regarding retaliation under the False Claims Act and the Louisiana Whistleblower Statute, click here.

In general, and this is grossly simplistic, however in general for someone to succeed in a retaliation claim, that person must prove:

  1. 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.
  1. An adverse employment action occurred (that could be firing, failing to promote, workplace discipline, change in benefits, demotion, suspension, or reassignment of duties.
  1. 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! 337-480-0101.

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