• 23
  • March
    2011

When employees tell their bosses about concerns with safety features in the company, we expect that their employers will act on those concerns and work to fix the situation. However, in many situations that is not what happens. Employers may retaliate against employees for pointing out problems, and employees may be wrongfully terminated for trying to do the right thing.

Retaliation is illegal, but many employers in San Francisco are still guilty of it. When employees try to fight back or stand up for their rights, they may not have the authority or legal knowledge to make sure their case is properly handled. However, when individuals are willing to fight for their rights, they can change the law for future employees who find themselves in the same unfortunate situations.

One employee recently fought all the way up to the Supreme Court to get the court's favor on his situation. The Supreme Court eventually ruled that employee complaints do not need to be written in order for the employee to receive retaliation protection.

The employee, Kevin, worked for a plastics company that placed the time clocks in the wrong position. When Kevin pointed out the problem to his employer, the company fired him in retaliation and then fixed the position of the clocks.

In most situations, employees who file complaints receive job protection under the Fair Labor Standards Act. Under the act, it is illegal for employers to retaliate against employees who file complaints.

However, when Kevin sued his employer, his lawsuit was turned down. The 7th U.S. Circuit Court of Appeals said that in order for an employee to receive protection under the Fair Labor Standards Act, that the complaint must be written down.

Kevin was understandably angry and refused to drop the matter. On Tuesday, The Supreme Court overturned the previous ruling and said that when employees are retaliated against for filing verbal complaints, they are entitled to protection under the Fair Labor Standards Act.

Source: The Washington Post, "Supreme Court says employee complaints don't have to be written to get retaliation protection," 22 March 2011