Dealing with retaliation can be terrifying for any entrepreneur. As a small business owner, your work is deeply personal – retaliation threatens not just your livelihood but your dreams. However, there are steps you can take to build a strong legal case and protect yourself under the law. In this article, I’ll use my experience advising small business clients to outline a battle plan for winning a workplace retaliation case.
Defining Retaliation
As a refresher, retaliation involves adverse action against an employee for engaging in legally protected activities like:
- Reporting unlawful discrimination, harassment, or unsafe working conditions
- Requesting reasonable accommodations for a disability
- Taking medical leave
- Filing a workplace complaint
Retaliation could include pay cuts, demotions, harassment, or even termination.
For example, a 2020 study found that 25% of remote workers faced retaliation for requesting flexible arrangements. As the famous quote goes, “The law, in its majestic equality, forbids rich and poor alike to sleep under bridges.” Let’s ensure you don’t fall victim as an entrepreneur.
Building Your Case Step-by-Step
Step 1: Gather Evidence
Document everything related to the retaliation timeline. Emails, texts, meeting notes, performance reviews – these help establish retaliation occurred.
Catalog relevant company policies on discrimination, harassment, and retaliation procedures. Were proper channels followed?
Tip: Keep a daily journal detailing incidents of retaliation. This contemporaneous account carries significant weight.
Step 2: Understand the Laws
Title VII, ADA, FMLA – learn how these and state/local laws protect against retaliation. An attorney can explain how courts apply them.
For example, New York City enacted robust protections for freelancers and contractors last year. Use geography to your advantage.
Step 3: Hire an Attorney Specializing in Retaliation
Look for experience litigating and settling retaliation cases. Understand typical outcomes. Be prepared to ask questions on:
- Past settlement amounts
- Likelihood of an early resolution
- Expected legal fees
- Options beyond court (mediation, etc.)
Vet a few lawyers before deciding. This is a long-term partnership so ensure your values align.
Step 4: Build Your Case
Your lawyer will now:
- File official paperwork preserving your right to sue
- Conduct evidence discovery sessions with opposing counsel
- Take depositions from you and other witnesses
Tip: Consider hiring expert witnesses to analyze evidence and testify on your behalf. For example, vocational experts can speak to economic harm suffered.
Step 5: Consider Settlement Opportunities
Once discovery concludes, your lawyer may engage settlement talks. Consider options carefully before agreeing to settle. Get clarity on:
- Admissions of guilt
- Confidentiality clause restrictions
- Responsibility for legal fees
- Tax implications
Settlements allow avoiding court but guarantee a fixed outcome vs. uncertain jury verdict.
Step 6: Present a Convincing Case
If settling out of court isn’t possible, prepare your testimony to demonstrate clear retaliation. Stick to facts and evidence. Be concise yet comprehensive when answering questions.
Stay confident God speaks through you. With due diligence and thoughtful collaboration with your lawyer, justice can prevail.
Final Thoughts
- Lean on others who have navigated retaliation suits
- Don’t underestimate the mental toll. Seek counseling if needed.
- Document experiences to help fellow entrepreneurs
Feel free to reach out if I can lend any guidance in your journey toward justice and workplace change. You got this!
