Standing up for yourself shouldn’t cost you your job. If your employer is making your life harder because you filed a claim, we’ll stand with you to protect your rights and your future. At Christmas Injury Lawyers, we believe no one should suffer twice—first from an injury, and then from unfair treatment at work. If you're facing pressure, punishment, or isolation after reporting unsafe working conditions or filing a workers compensation claim, this page is for you.
Let’s break down what employer retaliation looks like, what your rights are under federal and state law, and how to take meaningful action—without fear.
Understanding Employer Retaliation and Your Rights
Employer retaliation occurs when an employer punishes a worker for engaging in a protected activity. That includes things like:
- Reporting unsafe working conditions
- Filing a workers compensation claim
- Participating in a workplace investigation
- Reporting harassment, discrimination, or wage violations
- Requesting leave under the FMLA or a disability accommodation
If you’ve done any of the above and your job suddenly became a nightmare—think fewer hours, unfair discipline, or being passed over for promotion—you might be facing illegal retaliation.
You have the right to speak up without fear of losing your job, your income, or your peace of mind.
What Is an Adverse Action?
The legal term adverse action refers to any negative employment decision or behavior that would discourage a reasonable person from asserting their workplace rights.
Common examples include:
- Sudden demotion or cut in pay
- Reduction in hours or changes to shift that cause hardship
- Being excluded from meetings or key projects
- Negative performance reviews without justification
- Hostile behavior or harassment from supervisors or coworkers
- Termination or threats of termination
It’s important to remember that retaliation isn’t always loud or obvious. It can be quiet, calculated, and designed to make you quit. That’s why it’s crucial to know your rights.
Filing a Workers Compensation Claim Shouldn’t Lead to Retaliation
When you’re injured on the job, filing a workers compensation claim is not just your right—it’s often the only way to get the medical care, lost wages, and support you need to recover.
Yet, too often we hear from clients who were treated differently after they filed. Maybe their hours got cut. Maybe a supervisor started writing them up. Maybe coworkers started treating them like a burden.
If any of this sounds familiar, you are not alone—and you don’t have to take it.
At Christmas Injury Lawyers, we understand how overwhelming it is to be injured and worried about your job. You shouldn’t have to choose between getting better and keeping your paycheck.
Retaliation Is Illegal—No Matter Who You Are
Federal law, through agencies like the EEOC, protects employees and job applicants from retaliation based on:
- Race, national origin, religion
- Sexual orientation or gender identity
- Disability or pregnancy
- Immigration status (yes, even undocumented workers have rights)
- Wage and hour concerns under the Fair Labor Standards Act (FLSA)
- Health and safety complaints under OSHA
In South Carolina, state law also supports these protections. That means you may file a complaint with a federal or state agency if you believe retaliation is happening.
How to File a Complaint for Retaliation
If retaliation occurs after you’ve reported illegal conduct or filed a claim, here's what you should do:
- Document everything – Save emails, texts, write down dates of incidents and names of witnesses.
- Report internally – If possible, report retaliation to HR or a higher-level manager.
- Contact a legal advocate – That’s where Christmas Injury Lawyers steps in.
- File a complaint with the EEOC or OSHA, depending on the type of violation.
If you've already been fired or forced to quit, don’t panic. You may still have a strong legal case—and we’ll help you explore every option available.
Your Rights Are Not Up for Debate
Retaliation occurs when an employer crosses a line—and it happens more often than most people think. Whether you’re dealing with discrimination, retaliation, or being punished for standing up, you don’t have to suffer in silence.
Know this:
- You cannot be legally punished for filing a workers compensation claim.
- You cannot be retaliated against for reporting sexual harassment, unsafe working conditions, or wage violations.
- You are protected whether you’re full-time, part-time, or a job applicant.
- The law applies regardless of your immigration status.
We’ve seen how subtle and insidious retaliation can be. At Christmas Injury Lawyers, we believe the U.S. flag doesn’t just stand for freedom—it stands for fairness. And that includes the right to work without fear.
Frequently Asked Questions
Can I be fired while on workers compensation?
Technically, yes. South Carolina is an at-will employment state. But if you're fired because you filed a workers compensation claim, that's illegal retaliation. We can help you prove the connection.
What if I’m undocumented? Do I still have rights?
Yes. Your immigration status does not erase your right to a safe workplace, or your protection from retaliation. Federal laws protect all employees—regardless of status.
How long do I have to file a complaint?
It depends on the agency. With the EEOC, you usually have 180 days from the retaliatory act. Other agencies may have different time limits. That’s why it’s critical to speak with an attorney right away.
What if the retaliation is subtle, like exclusion or schedule changes?
Even small changes can count as adverse action if they create a hostile or unfair working condition. Keep records and speak with legal counsel—you may have a claim.
Can I report retaliation anonymously?
In most cases, no. To formally file a complaint, you’ll need to identify yourself. But you do have rights once you do—and retaliation for reporting retaliation is also illegal.
Don’t Wait—Protect Your Rights Today
Retaliation is about power—and we’re here to help you take yours back.
At Christmas Injury Lawyers, we stand shoulder to shoulder with injured workers who’ve been punished for doing the right thing. You’ve already taken the brave step of standing up. Now let us stand with you.
Call us today at (843) 380-4112 or click “Contact Us” on this page. We’ll listen. We’ll believe you. And we’ll fight like you’re family—because to us, you are.
You shouldn’t have to suffer at work just because you spoke up. Let us protect your future, your job, and your peace of mind.
