Getting Ready for Deposition Testimony in Retaliation Cases

Bronx employment law firmA lawyer from a Bronx employment law firm will have one or more meetings with you to help you prepare for your testimony during a deposition in your employer retaliation case. During this preparation, an attorney from a Bronx employment law firm will ensure that you understand the legal concept and elements of retaliation. A Bronx employment law attorney will also discuss the type of evidence that you need to prove this portion of your claim. Some of the key concepts that your attorney from a Bronx employment law firm will discuss include the following:

Prohibition of Retaliation

Federal employment laws and some state anti-discrimination laws specifically prohibit an employer from retaliating an employee who is engaged in “protected activity.” This activity includes voicing opposition to an employer’s unlawful discriminatory act and filing a charge or providing testimony during an investigation or hearing under the applicable statute. A lawyer from a Bronx employment law firm will explain that an employer cannot take revenge on you when you try to assert your right to be free from workplace discrimination.

Necessary Evidence

A Bronx employment law firm will discuss the evidence that you need to have to satisfy the four elements of a retaliation case. First, a Bronx employment law attorney must show that you have made a claim regarding discrimination that is prohibited by law. Your claim must specify “discrimination” and not simply “unfair treatment.” It must also be made in good faith based on your honest belief that your employer acted illegally. Second, he or she must show that you were terminated, demoted or some other adverse employment action occurred after you made this claim. Third, a Bronx employment law firm must show that there is a link between your protected activity and the adverse employment action. The timing between your protected activity and the adverse action may help prove this link with the close proximity of time between the two events lending an inference that the two were causally related. Finally, a Bronx employment law firm must show that you sustained damages as a result of the adverse action.

If you would like assistance with your retaliation claim, contact a Bronx employment law attorney at the Law Office of Delmas Costin, Jr. at 718-618-0589.

This entry was posted in Employment. Bookmark the permalink.