Fearful Your Employer Will Retaliate Against You for Doing the "Right Thing?" Recent Court Decisions Add T Teeth to Employee Rights

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Sklover Working Wisdom.com's latest newsletter says that the U.S. Supreme Court expands protections for employees who are victims of employer retaliation. A recent ruling of the U.S. Supreme Court indicates that all employees, including government employees have rights when they are dismissed for doing "the right thing."

standing up and speaking out.

Sklover Working Wisdom.com, an employment issues blog announced in its June newsletter that cases of workplace retaliation against "whistle blowers;" those who speak the truth, those who act to halt office illegality, and those who simply resist being victimized themselves, are increasingly commonplace. Fortunately, both judges and juries are increasingly giving protection, recompense and real justice to victims of retaliation in the workplace.

"Retaliation at the office for 'saying what needs to be said' and 'doing what needs to be done' seems to be a growing phenomenon," writes Attorney Alan L. Sklover in his widely-read workplace blog, http://www.SkloverWorkingWisdom.com.

Sklover asserts that the trend to protect employees against workplace retaliation will likely continue for three reasons:

1.    The increasing frequency of corporate scandal and wrongdoing has brought about a high level of public distrust and disgust.

2.    Legislators are giving teeth to laws that penalize employers who seek to deny, frustrate or retaliate against those who exercise legal rights and protections.

3.    Employees are increasingly knowledgeable about their rights, more sophisticated about using those rights, and more willing to stand up for those rights.

"In our own poll, at http://www.SkloverWorkingWisdom.com , we asked our community if they were to report their boss for improper acts, would he or she likely retaliate? A full two-thirds said 'Yes - within a day of two'."

It's important that employees understand that they have strong legal protections against retaliation at work, and that they will find sympathy in court for the difficulties they encounter in "standing up and speaking out."

Sklover provides seven tips to be taken by employees who find themselves facing retaliation:

1.    Review corporate policies and employee handbooks for "required steps" to be taken in reporting retaliation.

2.    Gather copies of information and documentation that support your contention of retaliation.

3.    Consider whether there are others who may be helpful as possible witnesses.

4.    At the same time, to the extent possible, keep your concerns about retaliation to yourself.

5.    Consult with an experienced employment attorney.

6.    If you file an objection, do it "with your fingers," that is, make your claim in writing, not orally.

7.    Make sure you don't mistakenly engage in what could be considered extortion, which is a threat to say things publicly unless you are paid money. That is a serious crime.

Sklover Working Wisdom.comâ„¢ (http://www.SkloverWorkingWisdom.com ) is an interactive Blog dedicated to education and empowerment for employees. The Blog's creator and driving force is Attorney Alan L. Sklover, who has represented and counseled employees worldwide for over 25 years. Mr. Sklover is counsel, author and speaker on issues of employment rights and workplace negotiating.


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