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What happens if my employer counters my claim of retaliation?

Certain situations may arise in the workplace that can make employees feel uncomfortable. Working in a hostile work environment is not fun for anyone, so if people find that their workplace has become unfriendly, they should look at the causes. Depending on the circumstances, it could be that things have changed because their employer is retaliating against them.

Whenever someone files an employer retaliation claim against their employer, the chances of the company admitting guilt are very slim. In fact, your employer may actually counter your claim. If your employer decides to counter your retaliation claim and say that the alleged retaliatory act was warranted, they will have to prove that it was done for valid reasons.

Even though it is normal to counter your claim of retaliation, it doesn't mean that the judge will believe what your employer says about the situation. However, when an employer presents multiples reasons for terminating or demoting you, it can create some difficulties when it comes time to prove that you were retaliated against. For example, if the employer explains that your habitual tardiness or failure to perform your job duties are the reason for your termination, it may be hard for you to get a judge to agree that you were retaliated against for other reasons. However, it is not impossible.

No one deserves to be retaliated against by their employer. Should you feel as though your employer has retaliated against you for something you've done, an attorney can assist with filing a claim and stand by your side during trial if necessary.

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