Can retaliation claims be easy to prove?

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[@gray85]

I’m currently facing this very challenge, confident whoever I’m represented by knows this , and acts diligently upon this !

[@marlanabeasley1790]

I’m going thru this and we been doing through it for 1.5 years but after the TWC hearing recently we now have our proofs of harassment and retaliation

[@Tech-ft5er]

Is there a update to your story?

[@She_ill_Bx]

I’m finding this video to be full of facts and helpful information. Thanks Vincent!

[@grateful9672]

I saved a bunch of emails from my employer that indicates retaliation for going on medical leave. Sadly, till this day, they continue to frustrate me so that I can leave the job. I currently work in residential, I asked to be switched to an outpatient setting after I fell on a wet floor on their property and was told that wasn't going to happen. While I was out for 3 1/2 months, they did reinforce the team to meet with my clients to complete the clinical notes they wanted me to falsify the documents and sign for the days that I was out. When I said no it's unethical, they started to behave in a funny manner. after I came back, the director never bothered to check in on me and would always come on the floor and speak to the other staffs. I had to send an email out to HR after he tried to blame me for things I couldn't do because of my physical pain. It's been mentally draining going back to work, every day it's something new.

[@hmtb-qg5uy]

Hello, I greatly appreciate your help and sharing your knowledge.

[@bmcgrawth]

Incredible!

[@Adehead]

This helped me tks. Just had UC hearing I learned a great deal. They are slipping up and showing their hand. Will help with Next EEOC it is in investigation stage now.

[@waterca178]

This was good. I filed with NLRB from being terminated 1 day after I complained about conditions of the facility etc. I never have been written up I’ve recently received a raise from a good annual review. I was fired because I called a cna a bitch. THIS is the culture of the facility everyone uses foul language without consequence.

[@RetailWithDanelle]

Thank you. You truly have the heart of a teacher.

[@JobAttorney]

I hope these videos are useful, you are very welcome!

[@maba111310]

@@JobAttorney Which case is this from? This is similarly to my case where my employer yelled at me in the middle of the store on my last day before a leave of absence after making a complaint and then I was fired my first day back from leave. We just finished the trial portion but the arbitrator wants supporting cases. PLEASE HELP ASAP! Thank you

[@hangingwiththegrlz4891]

My employer dropped me from Health and Dental insurance then gave me a poor evaluation for whistleblowing. I am a teacher and the school board took their side and began calling me out of class to interrogate me for hours over and over. Basically trying to get me to change my story. They told me they really need me to resign but I refused because I am a single mother. It is such a hostile work environment I am now having chest pains and shaking. I reached out to lawyers in my area however I am in a small town in Nevada and no one will take my case. I even feel the lawyers I contacted are sharing my consultation statements with the school Leaders as the they began building a file against me only in the last 2 months. Before that everyone was copying me and I was considered a good teacher.

[@rakishaking2353]

Go ahead and file your case with the EEOC so it can be documented. You are un a protected activity

[@HOLYSTREETART]

I'm on my second EEOC this one is Retaliation for filing an EEOC in the first place..

[@showgirlsaroundtheworldada4484]

I'm in Florida. I contacted hR about 5 pages of complaints. I have worked about 2 months. He said I would not be fired. 2 days later I was fired no reason and no pay.

[@JobAttorney]

Depending on what you complained about, you may have retaliations claims among other possible things. Speak with local counsel.

[@monsol402]

This is a long one. I love your channel, I listen to your advice more than any lawyers on youtube. You have helped me in my work situation and I am forever grateful. I share your videos with everyone I know. My question: Someone I know was hired as a teacher/director for a school that provided free housing for 6 wks . They were still being paid but at a much lower wage. They have to work long hours. However , they dont get paid for the one week 8 hour-long orientation, (the directors are the only ones that get paid). Btw this is taken place in NYC . Can my friend make a wage theft claim with the NYDOL not on his behalf but for the teachers? Is free housing a loophole for exploiting their workers? When my friend,advocated for the unpaid workers in a private meeting (which he recorded), the employer said that the teachers get compensation with free housing . He pointed out that the teachers do not need to live there for this week-long orientation. They arent teaching during this time. Basically-pay them and let them go home. You wont have a low turn out rate of teachers and they wont quit. He pointed out that the teachers were exhausted and frustrated. Yet were clearly not in the position to complain so being a director he felt he had a right to give feedback to the employer. In the end , the employer retaliated against my friend, they falsely accused him of sexual harassment and fired him. How can he dispute that?The victim is always believed .right? . The employer didnt have a protocol for SH . 1. In that entire week of unpaid orientation. they never once showed the SH Prevention video. 2.they didnt have the SH protocol in their outdated faculty handbook. 3.When they fired him it was quick. There was no discussion about it. A twist this story, one of the directors , sexually harassed him at work, and he uncomfortably rejected the director pass. He was so disturbed by it. He wanted to report her but he didnt know his rights. How could he ? He was never shown the SH Prevention video. Had he taken the SH Prevention course , which is required ny NY State Law, he would have written an email to the employer and report the SH. Instead he feared retaliation. He confided to another director he befriended about the SH. He was so upset about it. Being a man he thought no one would believe him. She didnt just make a pass, she did other inappropriate gestures that made him cringe. It was bad. I think this director he confided in relayed this information back to the director that sexually harassed him and acted quickly and accused him of SH. It is such a confusing situation. What should he do?

[@lynnemayo7514]

I'm just beginning with eeoc process..but right is right.

[@antoniomanco3525]

My boss fired me for telling my coworkers when they got sick that they acrued sick time and my boss told everybody he is not forced to pay for sick time and he gave us a letter admiting that he was paying sick time and few days later he fired me i been calling lawyers and they seems to be not interested in my case i live in maryland Montgomery county i planning to fight this in court by my self 😥

[@Vera.ChuckandDave]

Hi, that sounds awful! I’m curious, did you find a lawyer to assist you?

[@chenthariley9014]

❤

[@eduardoramirez6936]

Hello there. Im in CT but work in NY too. I used to be a Lead Supervisor at my part time job and decided to step down and told my bosses that they were not fit for the job and got upset then I apply to a new job , did the interview also in a part time. Later I found out thru a coworker that my boss talked trash about me and did not get neither job. Also i found out that and a coworker apply for a job and my coworker said that the boss wanted to do the same thing with him. Is that consider Retaliation and is there a case?

[@abrahamgomez653]

I'm not retaliating I'm trying to save there lives.

[@yousefbilbeisi1530]

also, issue preclusion " collateral estoppel " in employment discremenation

[@Savvy_travelingdiva]

Question I decided to set boundaries with my director after I realized that she was being messy and shady I started keeping my door closed to prepare myself for sessions (bc I’m a therapist and I need that) this made her upset so she made up lies stating that I cut off communication with her, wasn’t pulling my weight , and was negatively affecting everyone else. She stopped giving me clients, we shared an AC all of a sudden she started turning it all the way down from 71/72 to 67/68. During a meeting she kept calling me loud when I was talking calm discussing that I disagreed with her claims she humiliated me by taking my key and telling me to leave the office I literally had to knock on my own office door I kept showing up bc I didn’t want it to look like I was abandoning my job plus HR encouraged me to keep going HR and her boss were aware of this I even sent emails another person complained to her boss and we both met with him at different times I was still terminated according to what he said I shouldn’t have to continue being there stressed while seeing clients he even acknowledged how cold my office was do you think I have a case?

[@traemorris394]

Hello Vince, I've filed a new retaliation complaint with the EEOC after previously winning discrimination lawsuit against an employer the investigator notified me that the burden of proof was on me, even after admitting knowing that the employer had lied in their position statement what do you suggest!!?

[@OkayKay777]

Hi Vince! Question...typically how many hours does an attorney spend on a case (employment only) from intake to trial? I know it varies by case, but just an idea...thanks!

[@rakishaking2353]

I don't think they spend much, is the paralegal that spend most of the time writing up the arguments and find it a case studies to support it. No one will spend as much time on your case then you will. You know the ins-and-outs and the strategies... Just my thoughts

[@maba111310]

What case does this refer to when it discusses the New York case law about the employee who received a mean look after complaining? This may be very useful in my wrongful termination case. Thank you

[@JobAttorney]

Apologies, I don't pull case law citations on KZbin but it's a famous case and your attorney should be very familiar with it. The case was decided under the NYC HRL if I recall correctly.

[@maba111310]

@@JobAttorney I believe that will be helpful enough. Thank you!

[@JobAttorney]

@@maba111310 Awesome! Go get 'em!

[@CallahanU]

What is the case law that won in new york that the boss looked at them wrong?

[@SamAgro2024]

Thanks for helping the community. I was terminated from a university professor job because of title XII retaliation. My attorney screwed up by missing the Discovery deadline and after that lost interest in my case. He could not get away with representation because of the risk of malpractice, but lost interest in my case and continued with the worst representation i could imagine. Because i did not have the resources to hire another lawyer and the case was more than half way through, i had no choice but to continue. Despite my disappointment, he prepared an extremely weak summary judgement brief without putting enough time on it or strategizing the case, or disputing the incorrect claims of the opposition, and i lost the summary judgement. The rationale provided in the summary judgement is "insufficient evidence to prove material fact" is incorrect because abundant evidence was provided and the summary judgement has not refuted or referenced to any of those evidence, but only vaguely stated "insufficient evidence". I would like to know how can i appeal to move the case for a trial. As stated, i am not able to retain another attorney unless on contingency. Can attorney's ineffective representation be a ground for appeal? Can i self-represent? Do you have other recommendations?

[@JobAttorney]

In many jurisdictions, attorney malpractice is not viewed as a viable grounds for appeal. However, you won't know if you have a viable appeal until you speak to a local appellate attorney.

[@tallchicknvegas]

Happy Holidays, Vince 🙂 What about a prior employer contacting your new employer and saying something that caused the new employer to not trust you so they terminated your employment, does the employee have a right to know what the old employer said to the new employer?

[@MentallyIllandHomeless]

Can you recommend an Employment Attorney in the Allentown Pennsylvania area? I am really liking your channel and ofcourse feel I have a solid case but you know the chef always thinks their dish is flawless. That said, I have some great documentation and clear retaliation. Let me know is there's a colleague in my area that you'd recommend, thank you.

[@rakishaking2353]

Go ahead and document your lawsuit now with the EEOC. If you wait too far in between your causal connection will be lost. Make sure you keep all your documents emails and everything. If you have them on your work computer transfer them to your personal email. If they have a tracker don't email them put them on a flash drive.. just my thoughts

[@PredatoryTeeth]

Try Mobilio and Wood in Allentown. 👍

[@claudiejay7062]

How do I appeal my claim for unemployment when my employer fired me for Misconduct? The original reason for firing me was because I filed a complaint on my supervisor, and ever since then retaliation, threats of losing my job, and harassment begun. In an attempt to document all of the adverse actions taken against me, I didn't realize a document I was trying to email myself had patient information. I.T. blocked the email, however, my supervisor fired me behind PHI. How can I prove to the appeal officer that the actual reason behind my dismissal is actually retaliation for complaining?

[@JobAttorney]

You will want to present proof of your complaint, ideally something dated or time stamped.

[@yousefbilbeisi1530]

I did manage to remand my case back to state court after I amended my complaint, asserting only state law claims, seeking relief exclusively under only state law, new evidence appeared after some discovery can support a strong federal claim for ethnicity retaliation under section 1981. Can this claim survive the issue preclusion “ estoppel “ test ?!. the case is still in discovery, with no final ruling yet, still within the status of limitation for a section 1981 claim. I found that some federal courts did allow claims of retaliation under section 1981 while litigating discrimination claims

[@JobAttorney]

1981 claims are very useful, but can have a more difficult path than the traditional statutes. We always like to plead them in parallel to gain the advantages of both.

[@Gokywildcats11]

That was smart, the burden shifting is on them

[@BO-2016]

What if you have a discrimination claim and a strong retaliation claim

[@jacksonaction9592]

If there are mutilple retaliation violations are they each wirth or used as 1 activating punitive damages

[@yousefbilbeisi1530]

Thank you for the really good presentation I learned a lot, can you make a presentation about Res Judicata and Claim Preclusion,., spacially, filling a retaliation lawsuit under section 1981 in federal court while litigating a discrimination claim in state court?

[@JobAttorney]

That's a bit of an esoteric topic for a channel like this, but I can give it some thought. What specific claims are you litigating in State Court? The same events that you are litigating in Federal Court?

[@yousefbilbeisi1530]

​@@JobAttorney Vincent, Thank you for your time and efforts, please forgive my bad English, I'm still learning. Originally i did file my claim of discrimination in state court, defendant moved it to federal court, I did amend my complaint seeking relief only under state law and added a diversity destroying defendant, then successfully remanded my case back to state court,., now I found new evidence that can support a retaliation claim under section 1981, I know that federal courts did allow filling of a new lawsuit for retaliation under section 1981 while litigating a discrimination claim in federal or state court but since i amended my complaint asserting only state law to remand my case, is filling a claim under federal law will be dismissed based on issue preclusion because it was decided by the court that the plaintiff only asserting state law ? also can a claim under section 1981 be litigated in state court? Does a determination in a discrimination case in state court preclude or can become a precaution issue in a retaliation case in federal court?

[@JobAttorney]

@@yousefbilbeisi1530 I am afraid that goes far beyond the level of complexity I can properly do justice to in a 5 minute KZbin video. If that is the level of motion practice and complexity you are currently engaged in, I suggest hiring an attorney immediately.

[@yousefbilbeisi1530]

@@JobAttorney Thank you sir, i did learn a lot from you

[@jessicasteele657]

Is it legal for an employer to demote you and lower your wage after 20 weeks of disability leave?

[@Donnajboo]

I have filed a complaint with the OCR against my daughters school for retaliation. I started reporting discrimination and in retaliation our females were forced to participate in life threatening practices , all while they were exhibiting signs of heat exhaustion and early signs of exertional heat stroke. I am still waiting on the OCR. Who can you turn too when this happens? The OCR has an abundance of complaints and they are understaffed. While we are waiting more females continue to be mistreated, bullied, and harassed.

[@themetatruthengineer1442]

Would it be retaliation to have false write-ups against you made, all after you point out there are defective equipment?

[@JobAttorney]

If the equipment violates OSHA regulations, then potentially yes.

[@galacticgamer8635]

Ok so I have a problem. I have fmla and every time I use it there's always a problem. First problem was they have attitudes and won't even speak to me when I come back and 2nd problem some times they won't enter fmla in my timecard and I tell them every day and they still don't do it. What can be done?

[@Bluevelvet4]

Would this be considered as retaliation getting kicked out of a manager program?

[@JobAttorney]

It certainly could be! Yes.

[@jheffner4006]

Random question but a group of us filed a culture of discrimination lawsuit! We all did are depositions but the company we filed against is avoiding them! What can a lawyer do to speed up depositions ?

[@JobAttorney]

The attorney could make a motion to compel the witnesses be produced for deposition. How long have they been delaying?

[@jheffner4006]

@@JobAttorney since August of 2021

[@jheffner4006]

Long story ! We where supposed to do all of ours june of 2021 we submitted so much evidence they postponed our actual depositions til july/August!! Then ever since it's been our turn they are giving my attorney the run around !

[@JobAttorney]

@@jheffner4006 Your attorney should be able to make a motion then if s/he isn't consenting to the delays.

[@jheffner4006]

@@JobAttorney thanks that's very helpful!

[@Gokywildcats11]

Can a defense attorney or the Judge close a wrongful termination that has been filed with in the court system. It was filed in a timely manner. And logged on tonight and it's not in the system. Can my attorney reopen this. Or can I hire another attorney and file a new claim

[@Gokywildcats11]

Very very strong case

[@goodneschandler2596]

How does the retaliation law apply to landlords and tenant if you are a tenant and you feel that your landlord is retaliating against you does this same rule of law apply with the burden of proof

[@JobAttorney]

Apologies, I only know about and answer questions about employment law questions.

[@michaelcordier9942]

I have been demoted after complaining about a supervisor's behavior towards me does this count as retaliation?

[@JobAttorney]

If you complained about workplace discrimination, workplace sexual harassment, unpaid wages, overtime, mis-classification, anti-union activity, or workplace safety then it is likely retaliation.

[@Gokywildcats11]

In kentucky or anystate that has a workerscomp claim is the retaliation claim a different claim and can client have 2 different attorneys one doing the wc claim and one doing the retaliation claim?? Or is this the same claim

[@JobAttorney]

I'm not allowed to answer questions about Kentucky State laws. But in NY it is common for a comp attorney to handle the workplace injury claim and an employment attorney to handle workers' compensation retaliation claims.

[@jheffner4006]

Thought of another question! What can an attorney do if a client has an active lawsuit and still working for the employer and the employer has retilated on the employee with clear cut evidence! Could that speed the case up ?

[@JobAttorney]

I'll try to create a video response to this for this Friday

[@jheffner4006]

@@JobAttorney thanks i look forward to it !!

[@JobAttorney]

@@jheffner4006 Sorry, this video will go live Wednesday now

[@jheffner4006]

I look forward to it thanks again!!

[@Alpha-ro8sc]

I have conclusive evidence of Retaliation for taking FMLA. The company demoted me while on week 5. None of our local attorneys will touch it, national firms directed me to Dept of Labor and EEOC. Work has been...challenging for the past 4 months since returning. Writing letter of resignation due to this. What do I need to do next?

[@JobAttorney]

Well generally I would recommend against you resigning, but I don't know the details of your situation.

[@srhpb8923]

@@JobAttorney Yes you are right.

[@kinfolkz9485]

Pending an investigation into discrimination can an employer fire you for the person discriminating against you lying saying you threatened them?

[@JobAttorney]

Accusations of threats of violence always have a real risk of ending in termination

[@kinfolkz9485]

@@JobAttorney shouldn't that be taking seriously and really investigated because that can be a person trying to get you back for reporting them

[@JobAttorney]

@@kinfolkz9485 Absolutely. It should. But from the employer's perspective, it's often just a great excuse. "Oh you say he threatened your life? Well then we can fire him and you both because he says you sexually harassed him! Was it a lie? We didn't know that, we believed both victims." Great way for the employer to get out of a bad spot.

[@Donnajboo]

I believe females were retaliated against in a life threatening way after numerous parents complained of discrimination. We made retaliation claims, would the same be true in the public school system? Guilty until proven innocent?

[@NS-ru5gl]

I have 2 open investigations against my boss, by HR. On Thursday, my boss followed me, standing an inch away from me, and entered the door as she was watching me. She had her hands crossed. I know this is retaliation. But is it harassment

[@JobAttorney]

Well you would need to check what amounts to civil harassment wherever you are. The civil harassment law is different from jurisdiction to jurisdiction as it is not a Federal law.

[@jodeebenoit32]

What if the form of retaliation is attempted murder?

[@JobAttorney]

That would be a surprisingly common form of workplace retaliation.

[@DisgruntledAdult]

I have a mediation in august for discrimination. Probably should’ve filed it under retaliation. Spoke out against my boss making my junior manager (hourly) work off the clock almost 200 hours over time. She would make me adjust his time clock and I told her I didn’t want to anymore. Ever since I was written up for the dumbest of things and then terminated. But still no lawyer wants to help. Not on contingency. Nothing. All of them want to charge $100 per syllable. So now I’m facing the partner of one of the biggest law firms in Houston. They’re not sending a foot soldier. A named partner. Indigent legal help doesn’t have an employee lawyer for me. August 2nd. David va Goliath. And no matter how many videos like this I watch that give me hope that I really have something here. I still feel hopeless.

[@JobAttorney]

What you are describing certainly sounds more like retaliation for speaking out about unfair wage practices than discrimination and that may be at the core of why you are having trouble finding counsel. I will try to make you a video discussing this further this week.

[@leolpz5705]

The warehouse manager of the company I work for has his sister hired in the same office we are all in. She is not a supervisor, or boss or any high hierarchy tittle but she always gives orders to all of us and who ever don’t listen to her and obey her she would harasses that person and makes actions to make them look they are having poor performance which now she is doing it to me and now her boyfriend who also works at the same company is doing actions to make look bad. She has been working in that company for 2 years and her boyfriend. They are both hired through a staffing agency because the company have policies that don’t allow it but still they have been there for years and I think it still violates the company’s policies. Could that be an unlawful situation if I get wrongful terminated because of that?

[@PvblivsAelivs]

You will never convince me that we need "guilty until proven innocent" in anything. But this is also a strong incentive to turn to automation and AI. They don't want to hire someone who is looking for an excuse to file a lawsuit. And they certainly don't want to hire someone who will say "involuntary mean face." Some things just reek of looking for a big payday with a false accussation.

[@kevinerbs2778]

I got fired after my first complaint to HR & my only complaint to HR They're using me walking out on shift, as the reason for termination. Except I can prove that a specific co-worker's lack of help & lack of teamwork. Often lead to me staying longer hours than needed. That was my complaint to HR. I don't remeber, if I made clear that I felt they were favoring this co-woker because of their race, they're Hispanic. This had been going for over three weeks & no one was doing anything about. Which I have proof of. I have documented my schudle & it reflect this. I am the only person who got written up, put on suspension & terminated, all at once for walking out on shift. I know two other former employees who did not get fired, nore did they get put on suspension for that same thing. The one that got writen up I have proof of this write up. The other got offered more money to stay. I only went to HR after I was taken off the schudle. This apperntly was durring my suspension. My written warning & suspension was unknown to me.

[@JobAttorney]

I'll try to make you a video on this

[@kevinerbs2778]

@@JobAttorney I have one last thing to add. Today I went back of my documented schudle. The other worker that does my job, was suppose to be schulded ,the day I walked out. I know for fact he was in the building that day doing a completely different job that I had never been offered. He had only been hired a short time ago like 4 months maybe longer. Around the same time as the other co-worker. They too are hispanic. I had been working there just over a year.

[@DashodReed-jf6lk]

If employers can provide legitimate justifications for termination it will be difficult to oppose there summary judgement. I would like to hear about the outcome of your situation.

[@kevinerbs2778]

@@DashodReed-jf6lk It got dismissed by EEOC. I just got terminated from the last job inend February 2024. I got terminated was because they never looked at my background check till over 1 year later the woman in HR, I spoke to their SR HD even admitted being negligent in that fact they did that. She told they were never supposed to hire me in the first place!

[@DashodReed-jf6lk]

@@kevinerbs2778 I am currently representing myself as the Plaintiff in a retaliation claim after an attempt by my employers to encourage me to resign failed they took other measures to eventually have me removed from my job. Because I worked there and had no poor performance work issues and the adverse acts began in what is legally called "temporal proximity" to my complaint about nursing staff the law (at least in Nevada) says that is strong evidence of a retaliatory animus. Also never say other staff was doing if the conduct was prohibited it does not matter that others were doing it and the employers can say that they did " verbally reprimand" the other staff members or that they simply did not see it. I'm sorry your suit got dismissed. I wish you all the best moving forward though!

[@MissS663]

How do you have 86k subscribers and only a few hundred views on some of these suckers?! Let me know if you want KZbin help. I can help your SEO. I only had a 35 subscribers on my channel and got dozens of views on each. I'd even do some for free to show you proof of concept. Anyway, thanks so much for the helpful video. Really great.