Retaliation
Labor and Employment | ClaimsWe defend employers against retaliation claims arising from protected activity including discrimination complaints, whistleblowing, and leave requests.
Overview
Defending Retaliation Claims
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.
Claims Defense
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.
Whistleblower Claims Whistleblower retaliation claims under Sarbanes-Oxley, Dodd-Frank, and other statutes carry significant exposure. We defend whistleblower retaliation allegations and advise on compliant treatment of employees who raise concerns. FMLA Retaliation Leave-related retaliation claims are common. We defend claims that employment actions were taken because employees requested or took protected leave. Preventive Measures Prevention is better than defense. We train managers on recognizing protected activity and avoiding retaliatory conduct. We review employment decisions involving employees who have engaged in protected activity. Documentation Practices Proper documentation supports retaliation defense. We advise on documenting legitimate reasons for employment decisions independently of protected activity. Complaint Response How employers respond to complaints affects retaliation exposure. We advise on appropriate response to discrimination complaints, safety concerns, and other protected communications.Our Services
labor_and_employment
Federal registration and validity opinions
discrimination
Federal registration and validity opinions
harassment
Federal registration and validity opinions
employment_litigation
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
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.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
