What is Workplace Retaliation?

There are several things that employers can do which may constitute unlawful workplace retaliation.  If you feel that your employer has retaliated against you, or you have otherwise suffered wrongful termination or wrongful workplace retaliation, our experienced New York Employment Lawyers can help. Stewart v. CUS Nashville, LLC is an interesting Fair Labor Standards Act (FLSA) case in which several employees who worked for a bar claimed that their employer shorted them on overtime pay.  Two of the plaintiffs also claimed that after they sued, but while they were still employed, they were the object of threatening posts appearing in various social media platforms, and thus decided to pursue claims of retaliation.

The employees saw this post on the blog of the owner of the bar.  The other employee alleged that she felt threatened when she saw this status update from the bar’s director of operations.  The director of operations, who admitted to being intoxicated on the night the post was made, claimed not to recall making (or subsequently deleting) the status update.

Workplace Retaliation comes in all forms.

The United States Supreme Court has held that any employer taking action that would “dissuade a reasonable employee from making or supporting a charge of discrimination” can be retaliation.  The same maxim holds true when the underlying claim is a violation of the FLSA.

In this case, the court had little difficulty concluding that a blog post from her boss as well as the status update could possibly deter plaintiffs from pursuing their claims.  Accordingly, the court held that the employees had stated viable retaliation claims under the FLSA.

If you think that you are a victim of workplace retaliation, please contact us.