A successful workplace will require a balance of trust. Employees are expected to perform their duties responsibly, and their employer is expected to create an environment in which workers can raise concerns, report misconduct, or participate in protected activities without fear of negative consequences. When that balance is disrupted by an employer’s retaliatory behavior against an employee, the effects can spread far beyond the workplace, influencing an employee’s career trajectory, financial security, and overall well-being.

What Retaliation Looks Like in the Workplace

Retaliation against employees involves actions taken by employers in response to legally protected activities. While some retaliatory behavior is overt, other actions may be subtle and difficult to spot at first. These actions can affect an employee’s day-to-day work and their long-term prospects.

Common Forms of Retaliation

Employers may engage in different types of conduct that negatively impact employees. These actions do not need to be dramatic to be harmful. They may include:

• Termination of Employment: Losing a job is one of the most severe consequences an employee can face after reporting wrongdoing or participating in an investigation.
• Demotion or Reduction of Responsibilities: An employee may be reassigned to a lower-level position or stripped of meaningful work.
• Pay Cuts or Loss of Benefits: Compensation changes can be used to deter employees from exercising their rights.
• Unwarranted Disciplinary Action: Written warnings, poor performance evaluations, or corrective measures may be imposed without legitimate cause. These may be used to justify a termination or demotion.
• Hostile Work Environment: Excluding an employee from meetings, changing their work schedule to create conflict, or allowing coworkers to engage in harassing conduct may constitute retaliation.
• Denied Promotions or Opportunities: An employee may be passed over for advancement.
• Altered Job Conditions: Changes in shifts, locations, or job duties may be made to make work more difficult or undesirable.

These actions can have long-lasting professional and personal consequences, affecting a person’s income and financial security, their future employment opportunities, and their mental health.

When Retaliation Is Prohibited

Not every adverse workplace decision qualifies as retaliation. Employers may make legitimate business decisions that employees disagree with. However, retaliation is prohibited when an employer retaliates against an employee for participating in a legally protected activity.

Protected Activities

Several types of employee conduct are protected, and employers cannot retaliate against employees for these reasons. These protections apply even if the complaint or concern is ultimately found to be unfounded, as long as the employee acted in good faith. Retaliation is unlawful if it occurs in response to issues such as:

• Reporting Discrimination or Harassment: Employees are protected when they raise concerns about discrimination based on characteristics such as race, gender, disability, age, or other protected traits.
• Participating in Internal or External Investigations: Employees cannot be punished for cooperating with investigations conducted within the company or by government agencies.
• Requesting Workplace Accommodations: Employees may request reasonable adjustments to the work environment or their duties due to a disability, medical needs, or religious observances.
• Discussing Wages or Working Conditions: Employees have the right to talk with their coworkers about pay, hours, and other employment terms. Employers cannot prohibit employees from speaking to each other about these issues.
• Making Safety Complaints: Employees have the right to report unsafe working conditions or workplace hazards and to request that these issues be addressed.
• Taking Protected Leave: Taking time away from work under qualifying family or medical leave laws cannot be used as a basis for retaliation.
• Filing Complaints About Wage Violations: Employees can file complaints about unpaid wages, overtime violations, or misclassification.
• Refusal to Participate in Illegal Activity: If an employee is asked to engage in illegal activity, such as fraudulent accounting practices or falsifying information reported to the government, they cannot face consequences for refusing to do so.

Employee Options When Retaliation Occurs

Retaliation can leave employees feeling powerless as they face issues that affect their jobs, finances, and reputations. People in these situations may be uncertain about what steps they can take to address illegal actions by an employer. While every situation is different, there are several paths an employee may consider, including:

Documenting Workplace Events

Records can be important for understanding what has occurred. Employees may keep notes about interactions, changes in job duties, emails, or performance evaluations that align with the timing of protected activity. These records can help create a timeline of events.

Using Internal Reporting Channels

Some workplaces have formal procedures for reporting retaliatory behavior. Submitting a complaint through an internal system may prompt a review or investigation. Although this step is not required in all circumstances, it can provide additional context about how the employer responds.

Filing External Complaints

Depending on the circumstances, employees may have the option to file complaints with government agencies that handle retaliation claims. These agencies review complaints and may investigate and determine whether action is warranted.

Legal Guidance From an Attorney

Because retaliation cases can involve nuanced legal and factual issues, an employment law attorney may help an employee understand the available options. A discussion with a lawyer can help a person determine whether they may make a retaliation claim against their employer.

How an Employment Law Attorney Can Assist With a Retaliation Claim

Employment retaliation cases often hinge on timing, documentation, and the employer’s stated reasons for taking specific actions. An attorney can help examine these issues and offer clarity about how they relate to potential legal protections. They may be able to work with an employee to pursue a claim against their employer and address the harm the employee has suffered due to retaliation.

Assessing Whether a Claim Is Valid

An attorney can review the sequence of events to determine whether the employee engaged in a legally protected activity, whether the employer took an adverse action, and whether there is a connection between the two. This type of assessment may help an employee understand the strength of a potential claim.

Gathering and Organizing Information

Employees may have gathered multiple types of information, including documents, performance reviews, emails, and internal complaints, all of which relate to the situation. An attorney can help identify which information may be relevant and assist with coherently organizing these materials.

Communicating With Employers

When addressing issues related to retaliation, an attorney can communicate with the employer on behalf of the employee. They may take steps to clarify facts, raise concerns, or determine which resolution options may be available without saying or doing anything that could compromise the employee’s rights or affect their ability to resolve the matter successfully.

Navigating Agency Processes and Other Legal Procedures

If an employee chooses to pursue a complaint through a government agency or file a lawsuit against their employer, an attorney can help explain what to expect, how deadlines apply, and what documentation may be required. Legal representation during these processes can help ensure that the proper steps are taken to address potential violations.

Legal Assistance With Retaliation Claims

Retaliation can be a significant concern for employees. For those affected by retaliation, an employment law attorney can help evaluate the situation and identify the best steps to address violations of workplace protections. A successful claim may provide an employee with compensation for losses suffered due to retaliation, or it may restore a person to their rightful position and help them avoid future employment problems.

Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.