Retaliatory discharge refers to an employer discharging an employee as an act of retaliation for a specific action. This discharge is seen as discriminatory and is banned in Equal Opportunity regulations and other employment laws. Frequently, this type of discharge is seen after an employee submits a complaint or lawsuit against an employer for a discriminatory action like racism, sexism or ageism. Regardless of the validity of the employee’s claims, should an employer dismiss an employee for filing a complaint or suit, the action is considered a retaliatory discharge. However, retaliatory discharge can occur in any situation where the employer seeks to dismiss an employee for an otherwise legal action.
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