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Could employee conduct ruin an employer retaliation claim?

You exercised your rights and filed a complaint against your employer for wrongdoing (discrimination, safety violations, etc.). Unfortunately, your superiors mistreated you because of your complaint, and now you are pursuing an employment retaliation claim.

Can anything harm your case? Yes, your own conduct might put your claim in jeopardy. Always model excellent employee behavior after filing an employer retaliation claim and avoid conduct like the examples below.

Violating company policies

Your employer is likely looking for anything they can use to hurt your retaliation claim. If they learn you are breaking the rules or violating employment policies, they may use your behavior to argue against the claim. For example, after filing your claim documents, always strive to:

  • Arrive at work on time
  • Attend every scheduled shift
  • Abide by break and lunch schedules
  • Attend mandatory meetings and safety training

Even if you are still considering whether to file a claim, violating rules or policies could hurt your case should you decide to move forward.

Discussing your employment law claim

You may have much to say about your workplace and employer but resist the temptation to share your thoughts while your case is active. Avoid speaking on these topics with your co-workers and friends. Posting about your claim or boss online is also something to avoid during your case. You might inadvertently say something your employer’s legal counsel could use against you.

The federal and California government offers guidance online for those seeking or embroiled in an employer retaliation claim. Your employment law representative is also an excellent source of knowledge about the most current laws affecting your claim.

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