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What happens if an employee proves retaliation?

| Feb 16, 2021 | Retaliation

Every year, many employees in Hawaii avoid reporting workplace issues because they fear retaliation. Many people don’t realize that laws forbid their employers from retaliating against them under certain conditions. In fact, the employee might actually be eligible for a cash settlement.

What happens after an employee proves retaliation?

In legal terms, retaliation is the act of punishing an employee for doing something that was perfectly legal. This could include firing or demoting an employee after they reported sexual harassment, talked to an attorney about a wage dispute or requested disability accommodations. Depending on the situation, the employee might be able to file a lawsuit against their employer.

During the case, the employee might sue their employer for preliminary relief. This can stop ongoing retaliation or prevent it before it happens. If the employee suspects that their employer might fire them during the lawsuit, they might want to request preliminary relief.

Once they’ve proven that retaliation took place, the employee might be entitled to compensatory damages. This is a cash settlement that compensates the employee for the dispute. The judge might also rule that the employer has to pay punitive damages to punish them for their actions.

If the employer withheld wages, the judge might order them to give their employee back pay. The judge might also order them to pay out the wages that the employee lost as a result of the lawsuit.

Have you experienced retaliation in the workplace?

Retaliation can take the form of firing you, demoting you, giving you a negative evaluation, harassing you at work, trying to intimidate you or giving you undesirable tasks. If your employee committed retaliation against you, talk to an attorney about filing a lawsuit. You might be eligible for a large settlement that covers your lost wages.