What is a retaliation claim?

A retaliation claim is a legal claim that an employer has acted in a retaliatory manner against an employee due to the employee’s exercise of a legally protected right. Under North Dakota Whistleblower Law, employers are prohibited from retaliating against workers who report or object to the employer’s illegal or unsafe practices. Employees may file a retaliation charge if they are harassed, demoted, terminated, or otherwise punished for engaging in a protected activity. Some examples of protected activities include complaints about health and safety violations, discrimination, refusal to participate in illegal activity, or whistleblowing activity. When filing a retaliation claim, the employee must provide evidence that the protected activity was a substantial or motivating factor in the employer’s decision to retaliate against them. Evidence may include statements made by the employer or other employees, emails or text messages, or other documents. If it is determined that the employer has taken retaliatory action against an employee, they may be required to pay back wages, reinstate the employee, or otherwise make them “whole” in terms of the loss suffered. In addition, employers may face civil and/or criminal penalties under North Dakota Whistleblower Law.

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What is a retaliation claim?

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