Workplace retaliation happens when an employer punishes an employee for asserting their legal rights. This type of behavior can make workplaces hostile and discourage employees from speaking up about unfair treatment. Both federal and state laws protect employees from retaliation and aim to ensure they can report wrongdoing without any negative consequences.
Below are some crucial points to remember.
Your protected rights
You have the right to report workplace violations without facing negative consequences. Some key protections include:
- Reporting discrimination or harassment: Employees can file complaints if they experience or witness discrimination based on race, gender, disability or other protected characteristics.
- Reporting unsafe working conditions: Employees can report workplace hazards under the Occupational Safety and Health Act (OSHA).
- Participating in workplace investigations: If an employee provides evidence in an internal or external investigation, they are protected from retaliation.
- Requesting medical or family leave: Employees who take time off under the Family and Medical Leave Act (FMLA) cannot be punished.
If an employer retaliates against you for exercising these rights, you have legal options.
Types of retaliation
Retaliation is not always obvious. It can happen in many ways, including:
- Termination, demotion or an unwarranted negative performance review
- Being excluded from meetings, projects or promotions
- Increased scrutiny
- Unjustified disciplinary action
- Unfair changes to work schedules or responsibilities
Even subtle acts of retaliation can make employees feel targeted.
If you suspect retaliation, it’s important to gather evidence. Make notes of the rights you have asserted and how they have led to you being treated poorly. The more written evidence you have, the better. It is also in your best interests to seek some legal guidance.
