Employer Retaliation: What Are Your Legal Rights if You're Punished for Filing a Complaint?

Filing a complaint against your employer—whether it’s about discrimination, harassment, wage violations, or unsafe working conditions—can be a courageous step toward protecting your rights. 

Unfortunately, sometimes employees face retaliation after raising these concerns. Retaliation can take many forms, such as being demoted, fired, harassed, or otherwise punished. If you live and work in Missouri, it’s essential to understand your legal protections and what steps you can take if you believe you’re facing retaliation for speaking up.

Located in Springfield, Missouri, Lampert Law Office, LLC, is dedicated to advocating for employees’ rights and confirming fair treatment in the workplace. 

With extensive experience in employment law, they understand the challenges workers face when confronting employer retaliation after filing complaints about discrimination, harassment, wage violations, or unsafe conditions.

Committed to providing compassionate and effective legal representation, Lampert Law Firm helps Missouri employees work through challenging retaliation claims and protect their legal rights every step of the way.

Here, we’ll explore employer retaliation from a Missouri legal perspective, explaining what retaliation means, what your rights are under state and federal laws, and how you can protect yourself. Whether you are currently experiencing retaliation or want to understand your options before filing a complaint, this article aims to provide clear guidance.

What Is Employer Retaliation?

Employer retaliation refers to any adverse action taken by an employer against an employee as punishment for engaging in legally protected activity. This “protected activity” often includes:

• Filing a complaint or report of discrimination or harassment

• Participating in an investigation or lawsuit regarding workplace violations

• Requesting accommodations under disability or family leave laws

• Reporting safety violations to OSHA or other regulatory agencies

• Exercising rights under wage and hour laws

Retaliation can be direct, like firing or demotion, or indirect, such as reducing work hours, cutting pay, isolating the employee, or creating a hostile work environment. The key point is that retaliation is illegal when it’s specifically linked to the employee’s protected actions.

Missouri Laws Protecting Against Employer Retaliation

In Missouri, several laws protect employees from retaliation. It’s important to note that both federal and state laws may apply, sometimes simultaneously.

Missouri Human Rights Act (MHRA)

The MHRA prohibits discrimination based on race, color, religion, national origin, ancestry, sex, age, disability, and other protected classes. Importantly, it also prohibits retaliation against anyone who files a complaint or participates in an investigation related to discrimination.

Missouri Whistleblower Protection Act

This act protects employees who report illegal or unethical behavior by their employers. It makes it unlawful for employers to retaliate against employees for reporting violations of laws, rules, or regulations.

Federal Protections

Here is a list of federal protections designed to protect employees:

• Title VII of the Civil Rights Act prohibits retaliation for complaints of discrimination or harassment based on protected classes.

• The Fair Labor Standards Act (FLSA) protects employees who complain about wage violations.

• The Occupational Safety and Health Act (OSHA) protects workers who report unsafe working conditions.

• The Family and Medical Leave Act (FMLA) prohibits retaliation for requesting or using family or medical leave.

These laws work together to offer broad protections for employees who speak up.

Signs You May Be Facing Retaliation

Retaliation isn’t always obvious. Sometimes, it’s subtle or disguised as normal business decisions. However, if you’ve recently filed a complaint or reported a violation, watch for these potential signs of retaliation:

• Sudden demotion or job reassignment without a clear reason

• Unexplained negative performance reviews or disciplinary actions

• Reduction in hours, pay, or benefits

• Exclusion from meetings, training, or company events

• Increased scrutiny or micromanagement

• Hostile or offensive behavior by supervisors or coworkers

• Termination shortly after filing a complaint

If you notice one or more of these signs soon after your protected activity, it could indicate retaliation.

Steps to Take If You Believe You Are Experiencing Retaliation

If you suspect retaliation, it’s important to act carefully and promptly to protect your rights. Here are essential steps to follow:

1. Document everything: Keep detailed records of your complaint, any interactions related to the complaint, and all adverse actions taken against you. Save emails, texts, performance reviews, and notes from meetings.

2. Report the retaliation internally: If possible, report the retaliation to your employer’s human resources department or a higher manager. Follow the company’s complaint or grievance procedure.

3. File a complaint with a government agency: You can file a charge of retaliation with agencies such as the Missouri Commission on Human Rights (MCHR) or the Equal Employment Opportunity Commission (EEOC). For wage issues, OSHA complaints, or family leave issues, other agencies may apply.

4. Consult an employment attorney: A qualified Missouri employment attorney can review your case, explain your rights, and help you determine if you have grounds for a retaliation claim. Early legal advice can be critical.

5. Avoid retaliatory behavior yourself: Continue performing your job duties professionally and avoid any conduct that could be used against you.

Taking these proactive steps not only strengthens your potential claim but also demonstrates that you’ve acted responsibly and in good faith. The more prepared and informed you are, the better positioned you’ll be to assert your rights effectively.

How a Missouri Court or Agency Handles Retaliation Claims

Understanding what happens after you file a retaliation claim can ease some stress and help you prepare. Here’s a general overview of the process:

• Filing the charge: Your claim is submitted to the appropriate agency, such as the MCHR or EEOC. This must typically happen within 180 days of the retaliatory act.

• Investigation: The agency investigates your allegations, which may include interviewing witnesses, reviewing documents, and gathering evidence.

• Mediation or settlement: Many agencies offer mediation to try and resolve disputes without going to court.

• Right to Sue: If the agency doesn’t resolve the issue or dismisses the claim, you may receive a “right to sue” letter allowing you to file a lawsuit in Missouri state or federal court.

• Court Proceedings: In court, both sides present evidence. If the court finds retaliation occurred, remedies might include reinstatement, back pay, compensatory damages, punitive damages, and attorney’s fees.

While the process may seem overwhelming, having a clear understanding of each step—and the support of an experienced employment attorney—can make a significant difference in achieving a fair outcome. Taking action isn’t only about seeking justice for yourself but also about helping to create a safer, more equitable workplace for others.

Common Myths About Employer Retaliation

Many employees hesitate to file complaints because of misconceptions about retaliation and legal protections. Here are some common myths debunked:

• Myth 1: “My employer can fire me for any reason.”
  While Missouri is an “at-will” employment state, employers can’t legally fire you in retaliation for protected activities.

• Myth 2: “I have to prove retaliation with absolute certainty.”
  You only need to show that retaliation was a motivating factor in the adverse action.

• Myth 3: “Retaliation claims are rare and hard to win.”
  Retaliation claims are common, and many employees successfully protect their rights through legal action.

• Myth 4: “Reporting retaliation will just make things worse.”
  While fear is understandable, reporting retaliation is essential to stop it and preserve your rights.

Understanding the truth behind these myths empowers employees to take informed action. Knowing your rights is the first step toward protecting yourself and holding your employer accountable.

Speak With an Employment Attorney Today

If you believe you are being punished for speaking out, don’t hesitate to seek help from Lambert Law Firm. They serve clients in Springfield, Joplin, Branson, Neosho, Carthage, Monet, Ozark, Republic, Lamar, Ridgedale, Green County, and Christian County, Missouri. Taking action early can make a significant difference in preserving your job, reputation, and peace of mind, so contact them today.