We defend employers against retaliation claims arising from protected activity including discrimination complaints, whistleblowing, and leave requests.
Retaliation claims have become among the most common employment allegations. MC Law's Retaliation practice helps employers respond appropriately to protected activity while defending claims.
We defend retaliation claims under Title VII, ADA, ADEA, FMLA, and other laws. We develop defenses demonstrating legitimate, non-retaliatory reasons for employment actions and challenge plaintiffs' evidence of causal connection.
Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity, such as filing a discrimination complaint, reporting safety violations, participating in an investigation, or exercising statutory rights like FMLA leave.
Protected activity includes filing or supporting discrimination charges, participating in investigations, opposing unlawful practices, requesting accommodations, reporting safety hazards, whistleblowing, filing workers' compensation claims, and exercising various statutory rights.
Retaliation includes not just termination but any materially adverse action that would dissuade a reasonable employee from engaging in protected activity. This can include demotion, pay reduction, unfavorable transfer, exclusion from meetings, increased scrutiny, or negative references.
Train managers to recognize and avoid retaliatory conduct, document legitimate business reasons for all employment decisions, implement review processes for actions affecting employees who have engaged in protected activity, and investigate complaints of retaliation promptly.
Retaliation is the most frequently filed charge with the EEOC because it applies across all protected activity categories, has a broad definition of adverse action, is easier to prove through temporal proximity, and arises naturally when employers take action near protected activity.
Order attorney-drafted documents related to this practice.
A comprehensive clearance search plus preparation and filing of one federal trademark application.
Clearance, preparation, and filing, plus responses to routine (non-substantive) Office Actions.
Full-service prosecution from filing through registration, including substantive Office Action responses.
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An agreement used to formalize the termination of a direct hire employee, including provisions for confidentiality, intellectual property, and severance.
A notice sent to a service provider under the Digital Millennium Copyright Act (DMCA), requesting the removal of infringing content hosted on their platform.
A simplified agreement used to transfer ownership of a copyright from one party to another, including details such as rights transferred, payment, and effective date.
An agreement where the copyright owner grants a licensee the right to use the copyrighted material under specified terms, including usage scope, duration, and payment.