Title VII and the Pennsylvania Human Relations Act prohibit any form of retaliation against an employee for reporting wrongdoing or exercising their rights.
In order to show a prima facie case for retaliation a plaintiff must show that (1) they engaged in a protected activity; (2) the employer took adverse action against the employee; and (3) that a causal link exists between the protected activity and the discharge and/or demotion. Kachmar v. Sun Guard Data Systems, Inc. 109 F.3d 173, 177 (3rd Cir. 1997). To establish that the activity is protected under Title VII and State Law, the employee need not prove the merits of the underlying discrimination complaint, but on that he was acting under a good faith, reasonable belief that a violation existed. Id.
An employee cannot maintain a claim of retaliation unless they establish the protected activity first or the perception of the protected class. It is important to know that just because your employer took a potentially retaliatory action against you, we must first establish the protected activity, or the belief that you had a protected status.
You must consult an attorney to establish your claim against your employer for workplace retaliation.
I am an experience employment lawyer who handles these matters regularly. Our team investigates your claim to secure all of the information to help obtain a positive resolution to your case. We know the law and we understand your needs. No matter what your question, please feel free to call us at 215-695-3000 to discuss your case.
Robert Maizel is an Experienced Trial Attorney in Philadelphia with over fifteen years of trial experience.
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Saffern & Weinberg has offices located in both Center City Philadelphia and Jenkintown, Pennsylvania. Attorney Robert Maizel is a Partner with the Law Offices of Saffren & Weinberg.
Robert Maizel is associated with, and is a Partner with the Law Firm of Saffren & Weinberg. Robert Maizel is not a Law Firm, and rather Robert Maizel is affiliated with the Law Firm of Saffren & Weinberg. All clients shall formulate an agreement with the Law Firm of Saffren & Weinberg, with the option of hiring Robert Maizel as lead counsel on your case to be heard in the State Courts of Pennsylvania, and Marc Weinberg as the lead counsel in cases to be heard in the Federal Courts of Pennsylvania. Mr. Maizel handles all actions in the Administrative Courts of Pennsylvania including the EEOC and PaHRC.
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