Retaliation / Wrongful Termination

The experienced Atlanta employment litigation attorneys of Martin & Martin are passionate about holding employers accountable for retaliating against employees in violations of federal law.

Attorneys Kimberly Martin and Tom Martin passionately represent workers who have been retaliated against or wrongfully terminated. Although Georgia is an “at will” state, federal employment and overtime laws prohibit employers from retaliating against employees who complain about violations of federal law, including, but not limited to, discrimination, sexual harassment, and failure to permit medical leave. The ADA also prohibits retaliation or wrongful termination of an employee who requests a reasonable accommodation to perform the essential functions of their position because of a disability. Retaliation can take the form of any adverse employment action including termination, demotion, reduction in pay or hours, etc.

The term “wrongful termination” means a termination in violation of a federal employment or overtime law. This includes termination in retaliation for complaints of violations of federal employment and wage & hour laws.

Statutes: There are a number of federal laws that provide the basis for wrongful termination and retaliation claims including:

Discrimination Under Title VII
Sexual Harassment Under Title VII
Americans with Disabilities Act (ADA)
Age Discrimination in Employment Act (ADEA)
Family Medical Leave Act (FMLA)
Equal Pay Act (EPA)
Pregnancy Discrimination Act (PDA)
Fair Labor Standards Act (FLSA)

Who do the Laws Apply to: The federal anti-retaliation and discrimination employment laws typically apply based on the number of employees. The federal wage & hour anti-retaliation provision applies on the basis of the amount of sales the employer makes in a given year.

What do the Laws Say: The federal anti-retaliation laws prohibit employers from retaliating against employees for complaining about a violation of federal law. For example, an employer may not retaliate against an employee for complaining about sexual harassment, discrimination, or the employer’s failure to pay overtime. Additionally, an employer may not retaliate against an employee who requests a reasonable accommodation on the basis of religion, pregnancy, or disability or who requests leave under the FMLA. Retaliation includes any adverse employment action including termination, demotion, reduction in pay, etc.

When do You have to Act: The statute of limitations varies among the federal anti-retaliation laws. Some laws require an employee to file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged retaliation. Some laws require an employee to file a federal lawsuit in court within a set amount of time, typically two years.

Why should You File a Claim? An employee that successfully establishes that they were the victim of retaliation or wrongful termination may be awarded certain damages including, compensatory damages, lost wages and benefits, future lost wages, liquidated damages, and/or punitive damages as well as attorney’s fees and litigation expenses.

How do you File a Claim: The steps to filing a retaliation or wrongful termination claim depend on the specific statute forming the basis of the claim. Some statutes require an employee to file a Charge of Discrimination with the EEOC first while other statutes permit an employee to file a lawsuit directly in federal court.

If your employer terminated you or took other adverse action against you in violation of a federal discrimination or anti-retaliation statute, the statute of limitations is running for filing a Charge of Discrimination with the EEOC or federal lawsuit in court. Therefore, attorneys Thomas F. Martin and Kimberly Martin are typically available for same day free consultations. Fill out the Contact Us form or call the firm directly.

For more information about employment laws, see Employment Laws Frequently Asked Questions.