Employees have the right to speak up about illegal activities going on in the workplace. Part of the protections that workers have is the right to not be retaliated against by their employer for speaking up.
Retaliation at work occurs when an employer takes negative employment actions against an employee because the employee engaged in a protected activity. Some examples of protected activities include reporting discrimination or harassment, participating in an investigation, taking Family and Medical Leave Act leave, raising concerns about wage and hour issues and requesting reasonable accommodations.
How does retaliation occur?
Retaliation is often direct and obvious. This includes being terminated after the protected activity or having a worker’s hours cut. Retaliation can also be subtle and hard to spot. This can include things like suddenly losing hours or being disciplined in a harsher manner than others. Even actions like being excluded from meetings or being subjected to negative performance reviews that aren’t warranted are also possible retaliation.
The key here is that the negative employment actions must be in response to the protected activity, but proving that requires more than just timing. Employees who are facing retaliation should document all negative employment options because that can be critical for a case against their employer.
Retaliation laws are designed to protect workers who raise concerns in good faith or who otherwise utilize the benefits they’re provided by law. When retaliation occurs, these workers may opt to take legal action, but this can be a complex undertaking. Working with a legal professional who is familiar with these matters can help them as they navigate the process.