Other actions that could be considered protected include taking time off to tend to a sick family member, or collecting worker's compensation because of an on-the-job accident. .
Cooperation with investigations .
Complaints about a company can lead to investigations and often time's employees are asked to participate in the proceedings. Whether the investigation is conducted internally or externally, those asked to cooperate are protected from company retaliation. Such proceedings usually include answering questions, submitting statements or offering evidence. If an investigation leads to a trial, the employee could be called upon as a witness. Any retaliation based on cooperation with such an investigation would be illegal. .
After an employee has participated in any of the above-mentioned protected activities, an employer should make an effort to protect that employee from retaliatory action. Obvious retaliatory actions include firing or demoting an employee. However other actions, such as reducing benefits, transferring the employee, changing their work hours or negative job evaluations, could also be considered forms of retaliation.
Obviously, there are situations where an employee who participates in one of the protected activities described above may require discipline for a following and unrelated action. The employer must make sure that there is no connection between the disciplinary action and the protected action. Any misconduct should be immediately addressed, and all disciplinary actions should strictly follow company policies.
The second and final category of unlawful dismissal is the laws regarding employee dismissal. If a situation arises where the only choice is to terminate an employee it is very important to read these laws regarding employee termination before hand to make sure that you are not putting your employer at risk of a lawsuit. Here is a list of the current laws that an employer should refer to before hand:.
