Retaliation

Actions Legally Protected From Retaliation in the Workplace

 

Signs of Retaliation

 

Proving Retaliation

 

Preventing Retaliation

 

 

Retaliation is when an employer takes action against you for exercising your protected rights of filing a complaint or whistleblowing in any way against the company.

 

Actions Legally Protected From Retaliation in the Workplace

 

• Sexual harassment claims
• Complaints about a coworkers discrimination or harassment
• Complaints about sexist or racist policies within the company
• Whistleblowing to a government agency
• Reporting unpaid overtime
• Forming a union

 

Signs of Retaliation

 

It can be hard to tell if you are being retaliated against or if the employer has a reasonable purpose for their actions. The following are some signs that may be considered retaliation:

 

• Termination- Being fired without reasonable cause
• Demotion
• Pay Cut or Schedule Change
• Exclusion- Being intentionally excluded from meetings or training that other employees attend.
• Reassignment- Changing your duties or schedule so that it negatively affects you.
• Reprimand- Undue reprimands or lower than deserving performance evaluations.
• Verbal or Physical Abuse
• Threats or complaints to the authorities without reasonable cause
• Increased Scrutiny
• Slander- spreading false claims
• Intentionally Making Work More Difficult 
• Denying overtime or promotion
• Denying benefits
• Failing to hire or rehire
• Blacklisting- stopping you from obtaining future employment

 

 

Proving Retaliation

 

There are three main things to show to prove workplace retaliation:

 

• You acted under a protected activity
• You suffered a negative workplace consequence
• The negative workplace consequence was caused by the protected activity

 

Proving your employer retaliated against you may seem daunting and complicated. An experienced attorney can help protect your rights in the workplace. The attorneys at Smith Trial Group are here to help protect you through your retaliation claim. Contact us for a free case evaluation or call anytime at 855-202-2232.

 

 

Preventing Retaliation

 

These are steps to take that will help you prevent any retaliation claims in the workplace.

 

• Educate– Teach all employees that retaliation against protected activities is illegal. Filing complaints should not bring punishments. They must be accountable for adhering to discrimination policies and procedures. Also, make sure that supervisors know their role in preventing retaliation.
• Policy- Create a policy on discrimination and retaliation and make sure all employees are aware.
• Complaints- Take complaints very seriously, be sure to respond quickly and correctly. Not all complaints have merit. Taking every complaint into consideration and responding shows trust in your employee’s concerns. Ensure that all complaints are confidential and that employees know that is actually the case.
• Document Everything- Keep records of all documents pertaining to complaints, or investigations.