Phoenix Retaliation Attorney | Phoenix Whistleblower Attorney
Do you believe your employer retaliated against you for speaking out? Raising concerns to your employer about unlawful conduct is generally considered “protected activity” that your employer cannot lawfully use as a reason to fire you. However, many employees who voice concerns about the workplace – commonly referred to as “whistleblowers” – place a target on their back, and many employers do retaliate against whistleblowers to get rid of employees who complain about wrongdoing.
Proving retaliation can be difficult because most employers understand retaliation is unlawful and do not share the true motivations for their retaliatory decisions. Many employers attempt to justify retaliatory decisions by falsely claiming there were legitimate reasons for a termination, demotion, failure to promote, etc. Whether you were already terminated or believe your employer is trying to build a case against you to justify a future termination, if you believe you are the victim of retaliation, you should discuss your situation with an Arizona employment lawyer to better understand your legal rights and ensure you are taking the appropriate steps to document evidence in support of your potential retaliation claim.
Common Fact Patterns in Retaliation Cases
Terminated after reporting FMLA violations. (For example, an employee is terminated shortly after informing HR that the employee’s supervisor is interfering with the employee’s ability to take approved FMLA leave.)
Transferred to a less favorable position after reporting discrimination. (For example, an employee is transferred to a night shift or different, less favorable, work location after reporting their supervisor to HR for sexual harassment.)
Demoted after reporting disability discrimination. (For example, an employee with approved reasonable accommodations under the Americans with Disabilities Act (ADA) is demoted to a lower paying position after reporting their supervisor to HR because the supervisor is denying the employee’s ability to use their approved accommodations.)
Common Deadlines for Retaliation Claims
Some retaliation claims require an employee to file an agency complaint before pursuing the claim in court, while others enable employees to go straight to court. It is important to discuss your potential retaliation case with an attorney, who can advise on all the potential deadlines that might apply to your claim(s). Below is a non-exhaustive list of some common retaliation deadlines:
180/300 days to file Charge of Discrimination
180 days to file with the Arizona Attorney General’s Office for retaliation claims under the Arizona Civil Rights Act. This includes retaliation claims based on the employee’s complaint of discrimination based on age, sex, race, disability, etc.
300 days to file with the Equal Employment Opportunity Commission (EEOC) for retaliation claims under federal anti-discrimination laws. This includes retaliation claims based on the employee’s complaint of discrimination based on age, sex, race, disability, etc.
1-year deadline for a whistleblower wrongful-termination claim under the Arizona Employment Protection Act (AEPA) (A.R.S. § 23-1501)
2-year deadline for FMLA retaliation claim (can be extended to 3 years for willful violations)