6 Examples of Workplace Retaliation and How to Prove It
Not many people anticipate facing workplace retaliation at their job. However, it is more common than you might think, and it’s essential to be prepared if you ever experience it. Continue reading for tips on how to identify examples of workplace retaliation.
Introduction
Workers facing punishment for asserting their rights is considered workplace retaliation. Federal laws protect employees throughout the country against workplace retaliation. California laws protect employees, too.
Below are six examples of workplace retaliation to look for and how to prove it.
What is Workplace Retaliation?
In a nutshell, workplace retaliation is when an employer engages in some adverse – yet legal – job action to punish an employee. It may be blatant or subtle. Even though the action taken was legal, the reason behind it can easily make it an illegal move, landing the employer in hot water.
Many things may incite this retaliation, but it will vary from employer to employer and situation to situation. For example, employers could get upset due to the employee taking a leave of absence, making a harassment or discrimination claim, filing for workers’ compensation benefits, not agreeing to go along with the employer’s illegal activity, and so forth.
Examples of Workplace Retaliation
There are many different types of workplace retaliation, but a few of the most common examples include the following:
- Having your shift switched to one that is less desirable
- Wrongful termination
- Demotion
- Being given an unsatisfactory job reference
- Forced relocation that is inconvenient
Employers who are upset with an employee or holding a grudge can act out by taking action that, in any other sense, would be legal, except when used in workplace retaliation.
6 Examples of Workplace Retaliation to Look Out For
Sometimes an employer can react with an adverse reaction that is easy to spot. Other times, not so much. Here are a few signs to look out for to help determine whether you are dealing with workplace retaliation.
Remember that each of these things comes from an action the employee took. Employer retaliation cannot occur unless the employee took an action that elicited an adverse response from the upper level—for instance, a report to HR about discrimination or harassment.
1. Being Excluded
Everyone wants to be involved in group activities, including the workplace. If you suddenly find yourself excluded from meetings, discussions, activities, and more, you could be experiencing employee retaliation.
2. Getting Overlooked for a Raise or Promotion
If you are next in line for a promotion, have the recommendations, and everyone knows that you are a shoo-in, but someone less qualified gets the position, this could be a sign.
The same holds for your raise. If you consistently get your raise each year and have the reviews to prove it but don’t – when others around you still get theirs – you may have a situation on your hands.
3. Reduction in Hours or Pay
If an employer tells you that you have to reduce your hours or cut your pay rate to keep your job, you may question whether this is retaliation. If this change has impacted no one else or seems business as usual for everyone around you, then you could be right.
Knowing the bigger picture of the company’s plans and finances can make it easy to tell. But being the only one impacted can be a good indicator.
4. Being Fired
Getting fired after you exerted your rights as an employee indicates that you are facing employer retaliation. This is even more evident if you have not had any warnings, write-ups, or previous bad reviews.
Terminating your employment seemingly out of the blue after you file a complaint of harassment is a blatant form of employer retaliation.
5. Being Scheduled for an Undesirable Shift
Going from having an ideal shift you’ve had for years to your manager suddenly moving you to the most undesirable shift could make you question the motive. Not only does this disrupt your flow in the workplace, but it also disrupts your life.
Taking on the change due to changes within the company is one thing. Doing it as the result of retaliation is another.
6. Disciplinary Action
Some employees facing backlash from employers will receive disciplinary action on their records. The difference is that it may seem excessive, or it may be done inappropriately. For instance, if you receive a written warning on your employee record while others who do the same thing did not – or for something that has been standard practice within the organization – you may want to question the action.
Proving Workplace Retaliation
Identifying examples of workplace retaliation can be challenging, and proving it can seem impossible. To help put together a case, an employment lawyer will take a look a tt a few key factors:
- You acted as an employee that was within your rights, such as requesting time off or reporting harassment.
- Your employer responded adversely.
- The employer’s action was a punishment that caused you to suffer some damage.
All these things will be necessary to prove that workplace retaliation is a factor.
Working with your attorney, you will go over the details of the initial action that received the employer’s response and how their response impacted your life. Of course, addressing the circumstances around the employer’s reaction is also important, such as whether or not they affected anyone else.
The Importance of Legal Representation
When you are going up against your employer with an employer retaliation claim, you will want to be represented by an attorney. Not only will this give you the best chance at winning your case, but it will also allow you to get the damages you deserve.
Remember, a company will usually never enter a legal battle without a lawyer – and you shouldn’t either. Don’t try to do this alone.
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