An adverse employment action is any negative job action that has a material effect on a worker’s job status.
Adverse employment actions include events such as a firing, wrongful termination, constructive discharge, demotion, failure to promote, failure to hire, and the denial or retraction of employment benefits. Situations involving ongoing harassment or unfair treatment in the workplace can also constitute an adverse employment “action.” In order to be considered an adverse employment action, however, the act in question must not simply be a minor inconvenience or annoyance to the employee; rather, it must have a substantial negative effect on the employee’s job status, rights, or wellbeing.
Although many adverse employment actions often seem unfair or unwarranted from an employee’s point of view, there many instances where adverse employment actions are allowed, such as when an employee is fired for cause or when an at-will employee is laid off for economic reasons. If, however, an adverse employment action violates an employee’s rights under the law, then the employee can likely take further legal action in response to the unfair treatment. Situations in which the adverse employment action may be a violation of an employee’s rights include instances where the action is due to discrimination or retaliation, or when the adverse employment action violates an employment contract or union agreement. If an employer claims to have good cause for taking an adverse employment action against an employee, but the employer’s justification is simply a pretext for discrimination or retaliation, then the employee may seek compensation for violation of his or her rights.
If an employee has recently experienced an adverse employment action, but does not know whether or not his legal rights were violated, he should seek counsel from an employment attorney who understands the applicable laws. If an employee has experienced an adverse employment action that violates his rights, he likely has a legal cause of action for which he may recover damages. With the help of a lawyer, an employee who has been wronged by his employer can use the legal system to protect his rights and receive the justice and compensation that he deserves.
If you feel that you have been the victim of unfair treatment in the work place, and have suffered from an adverse employment action at your job (such as suspension, demotion, failure to promote, termination or the like), contact the team at The Mark Law Firm for a consultation with an experienced employment lawyer. Fill out your information on the contact us page and we will call you within the day.