Adverse Action
Adverse Action Claim
Adverse action refers to any action that an employer takes or threatens to take against an employee because an employee has or has exercised a workplace right. If you believe that you have been the victim of adverse action, you may be able to bring an adverse action claim against your employer.
What is an Adverse Action Claim?
An adverse action claim is a legal claim that can be made by an employee who believes their employer has taken, or is threatening to take adverse action against the employee because the employee is exercising a workplace right. Adverse action can take many forms, such as:
- Dismissal: An employee who is dismissed from their job or is threatened with dismissal.
- Demotion: An employee who is demoted or threatened with demotion.
- Harassment: An employee who is harassed.
- Retaliation: An employee suffers from retaliatory conduct by an employer for asserting a workplace right.
- Not being hired: An employee who is not hired.
- Not being promoted: An employee who is not promoted.
- Being denied benefits: An employee who is denied benefits.
The types of workplace rights to which adverse action can relate are very broad. Examples of workplace rights that are protected include the right to be free from discrimination based on race, gender, age or a disability, basic employee rights granted under a contract of employment or at law, such as the right to personal leave, the right to be paid correctly or the right to take meal breaks.
What are the Benefits of Having an Adverse Action Lawyer?
There are many benefits to having an adverse action lawyer. An adverse action lawyer can:
- Understanding your legal rights: An adverse action lawyer can help you determine if you have a valid claim.
- Gather evidence: An adverse action lawyer can help gather evidence such as emails, letters, and witness statements.
- Negotiate with your employer: An adverse action lawyer can negotiate with your employer to reach a settlement.
- Issue proceedings: An adverse action lawyer can issue proceedings in the Fair Work Commission on your behalf.
- Represent you in court: An adverse action lawyer can make sure you have the best possible chance in court.
What isn't covered by adverse action?
Not all negative action constitutes adverse action. An employer may take harmful action against an employee for a genuine reason. For example:
(a) An employer may dismiss and employee from their employment for genuine reasons such as repeatedly poor performance;
(b) An employer may pay a person a lower salary than other employees because that person has less experience than another person;
(c) An employer makes an employee’s position genuinely redundant.
Once an adverse action claim is brought, the onus is on the employer to establish that the adverse action was not taken against the employee for a prohibited reason.
How to File an Adverse Action Claim
If you believe that you have been the victim of adverse action, you should contact us to speak to an adverse action lawyer. The lawyer can help you determine if you have a valid claim and can advise you on the best way to proceed. If you decide to file a claim, the lawyer will prepare the necessary paperwork for the Fair Work Commission, and represent you in court.
An application for an adverse action claim that involves dismissal must be lodged within 21 days of the dismissal. If you miss the filing deadline, you may be barred from filing a claim altogether, so it is important to act quickly.
The Importance of Having an Adverse Action Lawyer
An adverse action claim can be a complex and time-consuming process. Having an experienced adverse action lawyer can help you navigate the legal system and protect your rights. A lawyer can also help you gather evidence, negotiate with your employer, and file a lawsuit if necessary.
If you believe that you have been the victim of adverse action, it is important to speak to an adverse action lawyer as soon as possible.
At Lawpoint, we have a team of experienced adverse action lawyers who can help you understand your legal rights and options. We will work with you to gather evidence, negotiate with your employer, and file a lawsuit if necessary. We are committed to helping our clients obtain the justice they deserve.
To learn more about adverse action claims and employment law, please contact us today. We would be happy to answer any questions you have and schedule a consultation.
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