Legal Steps for Addressing Employee Retaliation in Pennsylvania

Employee retaliation is a serious issue that can undermine workplace morale and lead to significant legal ramifications for employers. In Pennsylvania, employees who believe they have been subjected to retaliation have several legal steps they can take to address the situation effectively.

1. Understand What Constitutes Retaliation

Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activities, such as filing a complaint about discrimination, participating in an investigation, or asserting their rights under employment laws. Understanding what actions may be classified as retaliation is the first step in addressing the issue.

2. Document Everything

It is crucial for the affected employee to maintain thorough documentation of all incidents related to the retaliation claim. This includes noting down dates, times, witnesses, and the specific actions taken by the employer. Documentation can serve as a critical piece of evidence if the situation escalates to a legal claim.

3. Review Company Policies

Before taking any formal action, employees should review their employer’s internal policies regarding grievances and retaliation. Many companies have established procedures that need to be followed when filing a complaint. Adhering to these policies can strengthen an employee's case and showcase their commitment to resolving the issue internally.

4. Report the Retaliation Internally

Employees should consider reporting the retaliation to the Human Resources (HR) department or a designated officer within the company. This step allows the employer a chance to address the issue internally and take corrective actions. It is essential to get this submission in writing, ensuring there is a record of the complaint.

5. File a Charge with the Equal Employment Opportunity Commission (EEOC)

If internal reporting does not yield satisfactory results, employees may file a charge of discrimination and retaliation with the EEOC or the Pennsylvania Human Relations Commission (PHRC). This process typically involves submitting a detailed account of the retaliation experienced, which can lead to an investigation into the claims made.

6. Consider Legal Action

If the situation remains unresolved after filing a charge with the EEOC or PHRC, or if there are significant damages incurred, employees may want to consult with an employment attorney. Legal counsel can provide insights into potential lawsuits and help assess the viability of the case, considering factors such as damages, potential witnesses, and evidence.

7. Stay Informed

Employees should also stay informed about their rights under both federal and state laws. Various laws protect employees from retaliation, including the Pennsylvania Human Relations Act and Title VII of the Civil Rights Act. Understanding these laws can empower employees in their quest for justice and help them navigate the legal landscape.

8. Be Aware of Time Limits

It is crucial for employees to be mindful of the time limits associated with filing complaints. In Pennsylvania, an employee typically must file a charge with the EEOC within 180 days of the incident. Consulting an attorney soon after experiencing retaliation can help ensure that all necessary actions are taken within the stipulated timeframes.

Addressing employee retaliation in Pennsylvania involves a series of methodical steps aimed at protecting one’s rights and holding employers accountable. By documenting events, familiarizing themselves with relevant policies, and understanding their rights, employees can effectively navigate this challenging situation.