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Is Retaliation Hard To Prove?
Whether you have had previous tensions between you and your employer, or you have started developing them recently, retaliation can be a daunting process especially when your position in the company is way less than the company’s employer. Retaliation happens when your employer takes adverse actions such as firing, reducing salaries, creating an adverse work environment for you, in response to your claim of discrimination against your employer. Interestingly, every country has laws that ensure the safety and delivery of the rights of the employees at the workplace. According to the Equality Act 2010 of the UK, it is mentioned:
“The Equality Act 2010 legally protects people from discrimination in the workplace and wider society….It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ...
... ways in which it’s unlawful to treat someone.”
As much as it is difficult to fight against an illegal discriminatory action of your employees, proving your retaliation can be intimidating! You have to be conscious of some aspects while working on proving the retaliation.
Collect your Evidence
First of all, understand that the case of retaliation occurs in two scenarios; retaliation to opposition and retaliation to participation. In the former, you are asked by your employer to perform an act that illegal according to the laws of the country. In the latter, your employer takes an action against you for your claims of discrimination and filing a discrimination lawsuit. Without any doubt, the cases in the court run on the evidence provided by both the parties! Without sufficient evidence, it will be hard for you to prove retaliation. Therefore your first job is to collect as much evidence as possible once you get involved in retaliation!
Hire Your Lawyer
This is perhaps the most important part of proving retaliation. Consulting your lawyer can provide you with the necessary information and action that is required to enhance the process of proving the retaliation. Moreover, your lawyer will investigate the process and be your channel of communication throughout the process in the court. Furthermore, there are different categories of lawyers that are specially consulted in the case of workplace discrimination according to the laws of the country. A work injury lawyer can assist you with the proceeding in the most suitable manner!
Get Other Employees Involved
The moment you start taking action against the discriminatory action of your employer, it is important to get your colleagues on board! Unjust and illegal practices are not always protected or supported by all the employees in the organization. Bring up the concern to your HR Manager and Supervisor through emails.
The Bottom Line...
The bottom line is, retaliation is hard to prove without the proper proceeding and investigation of the employee! Understand that proving your harm and damages is not an easy process, especially when you are standing against your employer of the organization!
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