Employees have very specific rights in the workplace, all of which are set by state and federal laws. One of the protections they have makes it illegal for employers to retaliate against employees if they engage in a protected activity.
There are a host of activities that an employee can safely engage in as long as they’re doing so in a factual and accurate manner. These include filing complaints or cooperating with investigations about safety violations, harassment, discrimination and other illegal actions. It also includes exercising specific rights, such as taking time off through the Family and Medical Leave Act.
What constitutes retaliation in the workplace?
Retaliation in the workplace is any negative employment action that’s in direct relation to the protected activity. Some of the more common examples of retaliation include:
- Termination
- Reduction in hours
- Decrease in pay
- Transfer to a less desirable shift or location
- Unnecessary poor performance reviews
- Removal or denial of benefits they’re due
Employees should know that they aren’t exempt from disciplinary action just because they engaged in a protected activity. Employers are still permitted to take normal disciplinary action if an employee violates established company policy. The discipline must be the same as what any employee would face in the same situation.
Retaliation is a serious matter that should be addressed immediately. Employees who have faced this situation should learn about their legal options so they can move forward accordingly. Working with someone familiar with these matters and who can help to get the case together may be beneficial for these victims.
