Workplace retaliation occurs when an employer takes action against an employee who engaged in a protected activity. Forms of retaliation range from exclusion to termination. Employees need to recognize the warning signs of workplace retaliation, so they can take measures to protect themselves.
Workplace Retaliation Is Unlawful
It is illegal for an employer to subject an employee to retaliation under both Federal and State laws. The U.S. Equal Employment Opportunity Commission prohibits retaliation against “job applicants or employees who assert their rights to engage in “protected activity.” Protected activity takes several forms, such as:
- Telling a supervisor about employment discrimination and harassment
- Resisting a sexual advance or speaking up to protect others
- Requesting disability or religious-practice accommodations
- Asking colleagues about salaries to reveal possible wage discrimination
- Refusing to follow orders that would lead to discriminatory behavior
California’s Department of Industrial Relations also establishes laws that prohibit retaliation and discrimination, covering even more areas. For example, it is unlawful to retaliate against employees who miss work time to serve on juries or testify in court, fulfill specific parental duties, or perform volunteer emergency duties.
Recognizing Common Signs of Workplace Retaliation
Workplace retaliation can take both obvious and subtle forms. The most obvious form is termination. California is an at-will state for termination of employment. This means either party, the employee or employer, can end a working relationship at any time without penalty. Still, the at-will status does not protect retaliatory firings.
Other signs of retaliation include:
- Reduced hours or benefits: Employees could see their hours cut, causing a pay reduction, and lose access to employee perks.
- Demotions or reassignments: Employees could be removed from positions of leadership or assigned tasks beneath their seniority and skill levels.
- Unwarranted disciplinary actions: Employers could issue unfair employee write-ups or unfounded warnings to the employee.
- Unfair negative performance reviews: Employers who typically receive positive evaluations could suddenly get baseless, negative feedback used as an excuse for suspension or termination.
- Hostile workplace: Employees who previously enjoyed supportive, collegial relationships with colleagues could be intentionally excluded from meetings or treated with disdain.
- Increased monitoring: Employees may notice unusual and disproportionate observation of their comings, goings, and time on task.
If employees recognize these behaviors after participating in protected activity, they could be experiencing targeted retaliation, and this targeting is illegal.
Steps to Take to Protect Yourself
Employees must know how to respond if an employer fires them for reporting misconduct or other activities. As difficult as it may be, maintaining professionalism is critical. Responding to an employer’s lack of professionalism in kind will likely be used against the employee as “evidence” of misconduct.
Document and save as much evidence as possible before potentially losing access. Gather employment agreements, performance reviews, and communication regarding alleged misconduct from or with the employer. Inform Human Resources (HR) of the situation in writing.
Targeted employees do not have to, and should not, navigate workplace retaliation alone. A Los Angeles retaliation attorney can provide critical protection, upholding the employee’s rights and holding employers accountable for unlawful retaliatory tactics.