Employers have very specific rights that are set by law, and employers can’t infringe upon those rights. Some of the rights they have include not being discriminated against, having safe work conditions and being able to take legally allowable leave, such as what’s allowed by the Family and Medical Leave Act.
When employees speak up about employers infringing on their rights, they sometimes worry about the employer taking negative employment actions against them. This Is known as retaliation, and it is illegal.
What are some examples of retaliation?
Some examples of retaliation include things like termination and a reduction in pay, but retaliation isn’t always obvious. In some cases, it can include things like moving an employee to a new location that’s not as desirable or forgetting to tell an employee about a meeting. The key is that the employer’s actions must be done in response to the protected activity the employee engaged in.
Can employers discipline employees after they engage in a protected activity?
While it’s illegal for employers to retaliate against employees for engaging in protected activities, the employee can still be disciplined if they break rules. The discipline must be the same as what any employee who broke that rule would receive.
Retaliation can be devastating for employees, even if they aren’t terminated. Dealing with the effects of retaliation can be challenging. Those employees may opt to pursue legal action against their employer, so it’s typically best for them to work with someone familiar with these matters so they can learn their options and move forward in the manner they feel is in their best interest.
