Columbus Workplace Retaliation Lawyers

Last updated on December 23, 2025

It takes courage to report workplace discrimination or any other illegal practice. Unfortunately, employers sometimes retaliate. In these instances, reporting leads to a hostile work environment or even the threat of wrongful termination. If you notice subtle but significant changes, like a sudden negative performance review or being excluded from key meetings, you could be experiencing workplace retaliation. After an employee has reported discrimination or other suspicious activities, an employer’s punitive actions are illegal.

Our experienced attorneys at Marshall Forman & Schlein LLC have dedicated their legal careers to fighting for Ohio employees. If you have suffered workplace retaliation, our lawyers have decades of combined experience standing up for victims.

What Is Workplace Retaliation?

Workplace retaliation occurs when an employer takes an adverse action against an employee because the employee engaged in a legally protected activity. Examples of workplace retaliation include:

• Direct discharge: If you are directly fired after you complain about discrimination, this is illegal.
• Demotion or reassignment: When you are moved to a less desirable job or one with significantly reduced responsibilities, this could be retaliatory.
• Adverse changes to pay or hours: Cutting your salary, benefits or work hours could be retaliatory.
• Increased scrutiny or isolation: Excessive monitoring, being micromanaged or being excluded from meetings essential to your job could be considered punitive.
• Negative performance review: Suddenly receiving a poor review when your performance record was previously good could be a punitive action.
• Threats or intimidation: Threatening to report you to authorities or giving you direct verbal or physical abuse could be workplace retaliation.

Any of these actions could be seen as an employer’s way of punishing you for speaking up. It can be a clear-cut case of wrongful termination, or it can involve subtle forms of harassment and adverse treatment. Retaliation is the most common issue alleged in employment discrimination cases because employers often try to mask their illegal motives after an employee makes a complaint.

What Are Examples of Protected Activities?

A protected activity is any action an employee takes that federal or state law safeguards from employer punishment. These laws protect you when you assert your rights or help others do so.

Protected activities include:

• Reporting discrimination or harassment: Filing an internal discrimination complaint with HR or management
• Filing a charge: Formally filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or the Ohio Civil Rights Commission (OCRC)
• Participating in an investigation: Serving as a witness, providing testimony or assisting in any investigation, hearing or lawsuit related to employment discrimination
• Opposing unlawful conduct: Refusing to carry out an order that you reasonably believe to be discriminatory or illegal
• Requesting accommodation: Asking for a reasonable accommodation for a disability or for a sincerely held religious practice
• Whistleblower activities: Reporting illegal activity, such as fraud, to a superior or to a public authority
• Complaining about wage and hour violations: Raising concerns about unpaid overtime or minimum wage issues
• Taking FMLA leave: Requesting or taking legally entitled leave under the Family and Medical Leave Act (FMLA)

You do not always need to use formal legal terminology to be protected. If you are acting reasonably and in good faith, there are state and federal laws that offer protection.

What Is an Adverse Employment Action?

An adverse employment action is any action an employer takes that could deter a reasonable employee from engaging in a protected activity. Examples of adverse employment actions include:

• Wrongful termination or forced resignation
• Demotion, reduction in pay or loss of benefits
• Significantly negative job transfers or changes in duties
• Issuing a disciplinary action or a negative performance review that is unwarranted
• Spreading false rumors or unfairly blacklisting a former employee
• Excluding an employee from training or meetings necessary for career advancement

An adverse employment action is the punishment aspect of workplace retaliation. This is not just limited to job termination. An adverse employment action can include any significant change that harms your employment or your prospects.

What Ohio Laws Protect Against Workplace Retaliation?

Ohio has strong state laws that prohibit workplace retaliation. If your employer has retaliated against you, you may have grounds to file a claim under state law. Ohio Revised Code Chapter 4112 prohibits retaliation against employees who oppose discriminatory practices based on protected characteristics like race, color, religion, sex, national origin, disability, age or military status. It also protects employees who have participated in an investigation or proceeding. In addition, Ohio Whistleblower Laws (Ohio Revised Code Section 4113.52) protect employees who report certain illegal activities or violations of state or federal laws. However, they must follow the required reporting procedures.

What Federal Laws Prohibit Workplace Retaliation?

The EEOC, or U.S. Equal Employment Opportunity Commission, enforces several federal laws that prohibit employers from engaging in workplace retaliation. For example, Title VII of the Civil Rights Act of 1964 prohibits retaliation for opposing discrimination based on race, color, religion, sex (including pregnancy and sexual orientation) and national origin. The Age Discrimination in Employment Act (ADEA) protects employees from retaliation for opposing discrimination based on age. Meanwhile, the Americans with Disabilities Act (ADA) prohibits retaliation for opposing disability discrimination.

Understanding Whistleblower Retaliation

When an employer is participating in illegal activities or violating worker rights, employees have the right to “blow the whistle” on the company by alerting the proper authorities. Unfortunately, when some employers become aware that an employee made a complaint, they take retaliatory action against the whistleblower through termination, demotion or transfer. Both federal and state laws protect whistleblowers from retaliation, so adverse action was taken against you for making a complaint against your employer, it is critical to contact an experienced employment attorney who can help protect your rights.

State Law Protections for Whistleblowers in Ohio

Ohio’s whistleblower laws protect employees of both public and private companies from being retaliated against by their employers for reporting legitimate violations. However, to fall under the law’s protection, an employee must reasonably believe that the employer’s conduct constitutes a felony offense or is likely to cause an imminent risk of physical harm to others or a hazard to the safety or health of the public.

Employees who comply with the whistleblower requirements are protected from certain adverse actions taken by their employers, including:

• Termination or suspension
• Demotion
• Withholding a salary increase or employee benefit
• Reassignment or transfer
• Denial of a promotion that an employee otherwise would have received
• A pay reduction

Employees are also required to first orally notify their supervisor of the concern and then file a written report including details of the violation. If, after 24 hours, the employer has not made an effort to correct the problem, the employee can file a claim with the appropriate public agency, peace officer, inspector general or public official.

Ohio’s Whistleblower Protections for Reporting Discrimination, Abuse and Wage Violations

Ohio’s civil rights laws also protect employees who have been discriminated against based on race, sex or another protected category from being fired, harassed or demoted for reporting it. Other state laws protect employees from being subjected to adverse action for:

• Reporting the abuse or neglect of a health care facility resident
• Notifying authorities of an overtime violation
• Reporting misuse of public funds (if a government employee)
• Reporting wage discrimination
• Reporting a workplace safety issue

If you are an Ohio employee and you are struggling with a whistleblower issue, our experienced employment law attorneys can offer invaluable legal guidance and advice. We can help you understand the necessary steps for reporting your employer under the whistleblower laws. We can also evaluate your whistleblower claims if you have suffered from retaliatory actions.

Federal Law Protections for Whistleblowers

Under federal law, employees are entitled to safe workplaces, overtime pay and freedom from discrimination based on race, gender and other protected categories. Employees also have the right to report wage and hour violations, workplace discrimination and safety violations. As a result, employers who fire a whistleblower or take retaliatory actions can be required to pay damages. Retaliatory actions can include:

• Blacklisting
• Discipline
• Intimidation or harassment
• Denying overtime or promotions
• Reducing hours or pay
• Making threats
• Denying benefits
• Failing to hire or rehire

Employees who are the victims of this type of retaliation can file a civil claim against their employers and seek specific remedies. Remedies can include reinstatement or front pay if reinstatement pay is not possible. Employees can collect back pay, including interest on any back pay if the retaliation was especially egregious. In addition, employees can collect unpaid benefits and even reimbursement for court and attorney’s fees.

How Can a Columbus Workplace Retaliation Attorney Help with Your Case?

Retaliation cases require skilled legal representation by an experienced discrimination lawyer. Our retaliation lawyers can help you by:

• Evaluating your claim: We assess the details of your situation to determine if your activity was protected and if the employer’s response constitutes unlawful workplace retaliation.
• Gathering evidence: We investigate the events, collect documentation and interview potential witnesses to build a strong case. We look closely at the timing between your discrimination complaint and the adverse action, which is often crucial.
• Filing administrative charges: We handle the complex administrative process by filing a charge of discrimination with the appropriate agency such as the OCRC or the EEOC.
• Protecting your rights: We negotiate with your employer on your behalf and, if necessary, take your case to court to seek compensation for lost wages, emotional distress and other damages.

In workplace retaliation cases, employers rarely admit their true motives. Frequently, they will claim the termination or negative performance review was for a legitimate, nonretaliatory reason. A successful workplace retaliation lawyer must gather evidence to show that the employer’s reason is a pretext and that the true reason was your protected activity.

Schedule a Case Evaluation with a Columbus Workplace Retaliation Lawyer

Are you experiencing workplace retaliation in Columbus? We understand that you probably feel isolated and frustrated, especially after you have already shown the courage to speak up. When you work with Marshall Forman & Schlein LLC, our workplace retaliation lawyers truly care about your situation and will listen to your story.

Let us help you assess your claims in a private and confidential case evaluation. We will lay out your options and together develop a strategy designed to protect your future. To schedule an appointment, call our office at 614-762-9727 or send us a message through our website to connect with one of our experienced retaliation attorneys.