Overview
You Spoke Up. Now They Are Punishing You. We Fight Back.
It takes immense courage to report sexual harassment, discrimination, or safety violations at work. You did the right thing by speaking up, expecting your employer to fix the problem. But instead of a solution, you received a demotion, a sudden cut in hours, or a baseless “performance improvement plan.”
If this sounds familiar, you aren’t just dealing with a bad boss—you are the victim of workplace retaliation. And you do not have to face it alone.
We Know the Las Vegas Landscape
In a 24/7 city like Las Vegas, where the hospitality, gaming, and service industries are incredibly tight-knit, the fear of speaking out is real. We know that many employees stay silent because they are terrified of being “blacklisted” from other properties on The Strip or having their reputation ruined in their local industry. At Paul Padda Law, we understand these specific local dynamics. We know how Las Vegas employers operate, and we know the difference between a legitimate management decision and a calculated attempt to silence you.
How We Help You Regain Control
Retaliation is often subtle. It rarely comes in the form of a letter saying, “You are fired because you complained.” It looks like the cold shoulder from management, sudden scrutiny of your work, or being assigned the worst shifts after years of good performance.
We cut through those excuses. Our job is to:
- Investigate the Timeline: We connect the dots between your protected complaint and the negative treatment you started receiving.
- Stop the Bullying: Once we step in, employers often change their tune. We act as your shield so you don’t have to face the intimidation alone.
- Secure Your Future: Whether it’s reinstating your job, recovering lost wages, or negotiating a settlement that allows you to move on with dignity and financial security, we fight for the outcome you need.
Why Trust Paul Padda Law?
You need more than just a lawyer who knows the statutes; you need a workplace retaliation law firm that isn’t afraid of corporate legal departments. We have built our reputation on taking the difficult cases and winning. We don’t view you as a “case file”—we view you as a person whose livelihood is under attack.
If you are being punished for doing the right thing, call us. Let’s protect your career and your rights together.
The Leader of Your Recovery Team
"Being a lawyer allows me to be a voice for the voiceless."
- Paul Padda, J.D.
More About Paul
Table of Contents
What Is The Law On Workplace Retaliation?
Workplace retaliation cases are protected under Title VII of the Civil Rights Act of 1964 (commonly referred to as “Title VII”). A higher-up – including CEOs, employers, managers, and supervisors – cannot legally retaliate against an employee or job applicant for reporting illegal activity or standing up against illegal practices, including various types of discrimination.
What Does Workplace Retaliation Look Like?
If you file a discrimination claim against your employer/supervisor, and they do any of the following, you may be eligible to file a retaliation claim.
- You were reprimanded
- You received a lower performance evaluation
- You’ve been transferred to a different, less desirable position
- You were at the receiving end of physical or verbal abuse
- Your boss threatens to report you or does in fact report you to the authorities (contacting police or reporting your immigration status)
- Increased performance or personal scrutiny
- Your family is treated poorly
- False rumors about you are spread through the workplace or community
- Purposefully making work more difficult (changing your schedule so they conflict with your family responsibilities)
What Constitutes “Protected Activity” and Protected Individuals?
People who are protected against retaliatory action in the workplace include:
- Someone who filed a complaint/claim against the employer or entity
- Anyone who supports the person who filed the claim
- Employees
- Families of employees who can be on the receiving end of the retaliation
- Job applicants
Protected activity includes:
- Filing an Equal Employment Opportunity Commission (“EEOC”) claim
- Filing a claim with the Nevada Equal Rights Commission (“NERC”)
- Being a witness in an investigation or lawsuit
- Communicating your concerns to HR, a supervisor, or manager
- Answering questions during an investigation
- Resisting sexual advances or protecting others from unwanted advances
- Requesting disability or religious accommodations
- Requesting information pertaining to discriminatory wage practices
How To Prove A Claim Of Retaliation
It’s your responsibility to prove retaliation. You need to show that the company punished you in some fashion after you reported an incident of discrimination or harassment. Having an experienced workplace retaliation lawyer in Las Vegas is important.
Ideally, the action taken against you needs to have happened within a reasonable amount of time – a week or two after your complaint, versus months or years.
Policy Evidence
A policy in the workplace can be retaliatory. For example, if there is a policy in place that new mothers are not allowed to work full-time, that can constitute retaliation against women. The policy can be used as evidence in court.
Disparate Evidence
Disparate evidence is proof of cause and effect. If you can show that you were treated poorly or your employment was terminated after filing a complaint with human resources, then you have disparate evidence, which can be used in your case against your employer.
Direct Evidence
Often, direct evidence is referred to as the “smoking gun.” It is the type of evidence that is the most damning, but it is also the most difficult to procure.
Direct evidence includes written or verbal communication that states you have been punished for reporting your employer. The communication can directly or indirectly state why the action was taken against you.
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The Process Of Filing A Claim – What You Need To Know
The first step you need to take is to gather your evidence. You should document everything:
- The action taken against you
- Everyone involved
- Witnesses (full names and contact information is helpful)
- When/where the incident occurred
- Any written evidence of the incident that can prove retaliation
The EEOC requires that you file a claim with them within 300 days of the incident. Sexual harassment and whistleblower claims are somewhat different and the EEOC allows a longer time limit on filing these types of claims. At the state level, the Nevada Equal Rights Commission has a similar deadline of 300 days after the incident for filing a claim of retaliation.
Once you’ve filed your claim, it can take anywhere from four months to a year, sometimes longer for the EEOC to investigate and decide your case. If you and your employer can negotiate a fair settlement, the case can settle in less time. However, if they refuse negotiations, it will take at least a year to prepare for a trial, fight your case, and receive a judgment.
Potential Awards
As a victim of workplace retaliation in Las Vegas, you’re entitled to justice. If you win your case, the courts can award you one or more of the following:
- Employment, salary, schedule, and position reinstatement
- Reimbursement of expenses and legal fees
- A review and overhaul of discriminatory practices and policies
- Back pay
- Future pay
- Payment for emotional distress, pain, and suffering
- Punitive damages if the facts warrant it
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Frequently Asked Questions About Workplace Retaliation
What qualifies as "protected activity" in a retaliation case?
Protected activity generally falls into two categories: participation and opposition. Participation means you filed a charge, testified, or assisted in an investigation regarding discrimination or harassment. Opposition means you communicated to your employer (verbally or in writing) that you believe certain conduct is illegal, such as reporting sexual harassment to HR or complaining about safety violations. In Nevada, you are legally protected from punishment for these actions.
I wasn't fired, but my boss cut my hours and changed my shift. Is this retaliation?
It very likely could be. Retaliation is not limited to termination. In Las Vegas, where many employees rely on tips and specific shifts, a sudden reduction in hours, a move to a "graveyard" shift, or being assigned to a less profitable section of the floor can be considered an "adverse employment action." If this change happened shortly after you made a complaint, it may be unlawful retaliation.
Can I still sue for retaliation if I quit my job?
Yes, under a legal concept called "constructive discharge." If your employer made your working conditions so intolerable—through constant harassment, humiliation, or unsafe duties—that a reasonable person would feel forced to resign, the law may treat your resignation as a termination. You should consult with an attorney immediately, as these cases require specific evidence to prove you didn't just quit voluntarily.
What kind of evidence do I need to prove I was retaliated against?
Proving retaliation often relies on a "timeline of events." The strongest evidence usually includes:
Documentation of your complaint: Emails or notes showing when you reported the issue.
Performance records: Proof that you had good performance reviews before you complained, and sudden negative write-ups after.
Witness statements: Colleagues who heard supervisors threaten you or speak negatively about your complaint.
Comparative evidence: Showing that other employees who did not complain were treated better than you.
Is there a deadline to file a retaliation claim in Nevada?
Yes, and it is strictly enforced. In most cases, you must file a charge with the Nevada Equal Rights Commission (NERC) or the Equal Employment Opportunity Commission (EEOC) within 300 days of the retaliatory act. If you miss this window, you may lose your right to sue. Do not wait until the "last minute"—contacting an attorney early ensures your claim is filed correctly and on time.
My employer claims I was fired for "poor performance" after I complained. What can I do?
his is a common defense called "pretext." Employers rarely admit they are retaliating; they will try to find a "legitimate" reason to fire you. A skilled attorney can expose this by showing that the "poor performance" excuse is false, exaggerated, or that other employees with similar performance issues were not fired. If the timing is suspicious (e.g., you were fired days after complaining), it strengthens your claim that the stated reason is a lie.
What can I win in a workplace retaliation lawsuit?
If your claim is successful, you may be entitled to recover:
Lost Wages: Back pay (money you lost) and potentially front pay (future lost earnings).
Emotional Distress: Compensation for the anxiety, depression, and stress caused by the employer’s actions.
Reinstatement: Getting your job back (if you want it).
Punitive Damages: In cases where the employer’s behavior was malicious, the court may award extra damages to punish the company.
Best Workplace Retaliation Lawyers In Las Vegas And Nevada
When you‘ve endured prohibited discrimination, harassment, or intimidation in the workplace, you have a right to compensation. Filing a complaint against your employer will not only protect your interests, but it will help others who face potential discrimination as well. Dealing with retaliation can be demoralizing and stressful. You don’t need to go it alone. Having the right workplace retaliation lawyer in Las Vegas by your side can make a huge difference. Contact Paul Padda Law today at (702) 707-7000 and let us help you with your Las Vegas or Nevada workplace retaliation claim.