Results 1 to 3 of 3
  1. #1
    Join Date
    Mar 2009
    Posts
    19

    Default How to Prove Retaliation

    My question involves labor and employment law for the state of: Arizona

    With Nevada being a right to work/at will state, what would it take to prove a case of retaliation? I realize it depends on certain factors, but I'm just trying to get the basics. Thanks in advance....

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Retaliation

    You cannot build a case against any person or entity unless that person or entity has committed an illegal act.

    Here's what I said to you a few days ago in response to your previous post:

    "Retaliation in employment is only illegal if it's undertaken against an employee who has reported his/her employer's legally prohibited activities to an external regulatory body or similar such as the IRS, the DOL or the police."

    If your employer has committed an illegal act, and your report it to an external regulatory body such as the IRS, the DOL or the police, then your employer cannot fire you for making this report, even if you work in an at-will state like Nevada. Has your employer committed an illegal act? If so what was it, and to which external regulatory body did you report this act? (These are the "certain factors" you mentioned in your post.) I can provide you with more/better information if you answer these questions.

    I don't know if Nevada is a right-to-work state, however, that would only be an issue for you if your employer is unionized. Is your employer unionized?

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Retaliation

    Retaliation for what? What form did the retaliation take? There's not a list of factors that will prove retaliation in all cases, and not all (or even most) retaliation is even illegal. You're going to need to give us something more to go on.

    FYI, right to work has to do with union membership. It is a completely separate issue from employment at will.

    1. Sponsored Links
       

Similar Threads

  1. Workers Compensation Issues: Workers Comp and Employer Retaliation
    By bassman1282 in forum Worker's Compensation
    Replies: 2
    Last Post: 03-27-2010, 05:13 PM
  2. My Ex Wants a PPO in Retaliation
    By lovelyview in forum Orders of Protection
    Replies: 2
    Last Post: 08-16-2009, 04:02 PM
  3. Getting Fired: Retaliation Law
    By truwrxtacy in forum Employment and Labor
    Replies: 2
    Last Post: 04-02-2009, 08:23 AM
  4. Harassment: Retaliation for Filing a Complaint With the EEOC
    By wndsrfgrl in forum Employment and Labor
    Replies: 2
    Last Post: 02-18-2009, 05:10 PM
  5. Harassment: Retaliation for a Sexual Harassment Complaint
    By mnbvcxz in forum Employment and Labor
    Replies: 1
    Last Post: 04-27-2007, 09:34 AM
 
 
Sponsored Links

Legal Help, Information and Resources