There are many instances in which it is unlawful for an employer to take retaliatory action against an employee. Common forms of illegal retaliation include when the employee is:
- Discharged or treated in a retaliatory manner (disciplined, suspended, harassed, etc.) for filing/pursuing a workers’ compensation claim;
- Discharged or retaliated against for filing a charge of discrimination with the Ohio Civil Rights Commission (“OCRC”) or Equal Employment Opportunity Commission (“EEOC”);
- Discharged or retaliated against for reasonable complaints of unlawful workplace discrimination and/or harassment (regarding age, race, gender, disability, national origin, or religion);
- Discharged or retaliated against for making reasonable complaints about job safety issues, or filing a complaint with the Occupational Safety and Health Administration (“OSHA”); or,
- Discharged or retaliated against for reasonable complaints of unlawful behavior by the employer, or for refusing to comply with an employerâ€™s mandate to perform an unlawful act.
The damages on these claims can vary but may include reinstatement with back pay, lost pay and benefits, pain and suffering, as well as punitive damages and attorney’s fees and costs.