When an employee has the right or obligation to take action, the employer cannot punish the employee for taking that action.

For example, you cannot legally be disciplined, demoted, denied a promotion or fired because you have:

  • Filed a workers’ compensation claim
  • Reported child or adult abuse as mandatory reporter
  • Reported your employer to the INS for immigration issues
  • Complained to OSHA or your employer about unsafe working conditions
  • Complained to the Department of Labor or your employer about overtime violations
  • Provided truthful testimony in court or in a deposition
  • Voted in an election
  • Answered a call for jury duty
  • Complied with a subpoena
  • Served in the military, including National Guard duty
  • Filed a claim for unemployment benefits
  • Reported illegal behavior by a coworker, supervisor, or the company
  • Complained about discrimination or assisted the victim of discrimination

In addition, a governmental employer cannot fire you for disclosing something that you reasonably believe violates a law, or constitutes an abuse of funds, abuse of authority, or a danger to public safety. This list does not contain every single basis that might exist for illegal retaliation.

All information on our website is meant to be generally informative. To find out whether this information or certain employment laws apply to your situation in particular, you should consult a lawyer of your choice.