Retaliation in the workplace can happen when an employee has reported workplace discrimination, safety practices, or harassment, and the employer subsequently takes an adverse action against the employee.

Workplace retaliation can not only create a hostile work environment, but it can also threaten an employee’s job security and peace of mind.

You have the right to work in a workplace free of unlawful discrimination, harassment, and retaliation. At Rowdy Meeks Legal Group LLC, we use our experience to vigorously pursue employment claims that involve unlawful employer treatment.

What Is Retaliation in the Workplace?

Retaliation in the workplace occurs when an employer takes adverse actions against employees in response to them advocating for their legally protected rights or the rights of others.

Employees have the right to report:

• Employment discrimination
• Violations of laws intended to protect health and safety
• Discriminatory workplace culture
• Harassment 
• Testify in inhouse or external investigations
• Appear and collect money in lawsuits or other claims involving the employer

Workplace retaliation can be blatant or subtle. However, if the retaliation creates an adverse change in working conditions or an employer’s actions are severe enough to stop an employee from exercising their legal rights, it may be time to consult an experienced employment attorney.

The Equal Employment Opportunity Commission (EEOC) also has the right to investigate and pursue civil claims for employees who have experienced workplace retaliation.

Common Signs of Workplace Retaliation

There are numerous ways that retaliation can present itself in the workplace.

Demotion or Transfer

Your employer could lower your position, or move you to a less desirable department or location. You may even find that your new position has a lesser status and limited responsibilities. A demotion may mean a decreased hourly wage, a lower salary, or a loss of scheduled hours.

Your employer may not demote you, but the employer can deny you opportunities as a form of retaliation. Your employer may refuse to promote you and deny you educational opportunities like conferences, seminars, and membership in professional organizations.

Increased Scrutiny

Your employer may watch your performance closely to find fault or build a case for termination. Increased scrutiny may include micromanagement or unjustified negative performance reviews.

Microaggressions

Retaliation can be blatant, like a demotion, or it can be subtle. Your employer may become verbally abusive, engaging in ridicule, hostility, and excessive criticism. They may even spread false or damaging information about you.

Another form of retaliation in the workplace is creating a difficult balance between work and home life. Your employer may refuse to make workplace accommodations for family responsibilities like childcare. An employer may also change shift assignments or frequently assign mandatory weekend or overnight shifts.

You could also experience bullying from other employees or be excluded from meetings, social interactions, and decision-making. Gaslighting creates a hostile environment.

Termination

Extreme workplace retaliation could result in your termination. You may experience an “actual” termination where your employer fires you. Or you could experience “constructive” termination, where the environment becomes so hostile that you choose to resign. This is a very difficult standard to meet so you should contact an employment attorney before you resign.

You can seek legal recourse for actual or constructive termination due to retaliation. To have a valid retaliation claim, you must establish that you engaged in a protected activity, like filing a complaint with a government agency, reporting wrongdoing internally, participating in a workplace investigation, or refusing to engage in unlawful activity.

You must also show that your employer took an adverse employment action against you in response to the protected activity. Termination is a clear example of an adverse action, but it can also include demotion, suspension, pay reduction, or any action that negatively impacts the terms and conditions of employment.

You have a stronger case for retaliation if the employer’s adverse action occurred near the time you engaged in the protected activity.

Contact an Employment Attorney if You Are Experiencing Retaliation in the Workplace

It’s essential to act promptly if you believe you’ve experienced retaliation, as there are time limitations for filing complaints and lawsuits. Retaliation claims can be complex, so seeking legal counsel is essential to protect your rights and build a strong case.

If you believe you have experienced retaliation in the workplace, contact Rowdy Meeks Legal Group LLC for a free case assessment.