Facing Retaliation at Work? Here’s What You Need to Know

Many workers in the United States protest against their harassment or injustice in the workplace each day. But sometimes they are victims of retaliation. They face demotion, firing, or being treated poorly. Such behavior is illegal, and you have legal rights that protect you. This article explains workplace retaliation, how to understand it, and what to do in simple terms. So be aware and protect your rights. You are the first protector for yourself, and the laws are with you always.

1. What Is Workplace Retaliation?

It means taking retaliatory action against you. If you speak out or exercise your legal rights, it is called workplace retaliation. Kingsley Szamet Employment Lawyers handle cases related to workplace rights and employment law.

For example:

• You file a harassment complaint, and then you are demoted.
• Your workload suddenly increases after you demanded a safer work environment.
• You are threatened with layoffs after you ask for overtime pay.

All of these could be signs of retaliation.

2. Your Legal Rights

It is illegal to retaliate against employees for specific actions. You can take effective actions to protect yourself. There are multiple U.S. labor laws to protect you. So, take action as per the laws- 

Actions protected by law:

• Filing a complaint of harassment or discrimination
• Speaking up about labor rights
• Protesting against unethical or illegal practices
• Assisting in a government investigation
• Requesting maternity or medical leave

Laws that protect you:

• Fair Labor Standards Act (FLSA)
• Employee Retirement Income Security Act (ERISA)
• Family and Medical Leave Act (FMLA)
• Longshore and Harbor Workers' Compensation Act
• Taft-Hartley Act
• Migrant and Seasonal Agricultural Worker Protection Act
• Americans with Disabilities Act (ADA)
• Age Discrimination in Employment Act (ADEA)
• Occupational Safety and Health Act (OSHA)
• Wage and hour laws
• National Labor Relations (NLRA)
• Worker Adjustment and Retraining Notification Act (WARN)

These laws protect you against retaliatory behavior. In the United States, where there are unions or organizations for workers, state laws often coordinate with federal (national) laws. However, state and local laws generally prevail when it comes to setting wages, overtime pay, and working hours. These laws often provide workers with stricter rules than federal laws.

Both types of laws (federal and state) protect workers against discrimination. Under federal law, this responsibility is handled by the EEOC (Equal Employment Opportunity Commission), and in California, it is dealt with by the FEHC (Fair Employment and Housing Commission).

If you are experiencing workplace discrimination, unfair treatment, or questionable employment practices at work, consulting with an employment lawyer may be helpful. 

3. How To Recognize Retaliation

Retaliation is not always direct. Sometimes it happens slowly and quietly. So be on the lookout for the following signs:

• Suddenly receiving a bad performance review despite doing your job well
• Being left out of team meetings, training, or essential tasks
• Receiving warnings or punishments for trivial reasons
• Relegation, reduced work hours, or a pay cut

If you see these signs, it could be a sign of retaliation. Don’t think it's just a coincidence.

4. What You Can Do

There are some crucial steps you should take. If you think you are being retaliated against at work, take the steps below: 

Write down the incident:

Write down the date, time, names of people involved, and what happened for each incident.

Save emails, messages, reports, or any documents. These will be useful as evidence later.

Report to the office:

Inform your office's HR department or supervisor in writing. This may lead to an attempt at a resolution from the office, which will also provide evidence of your complaint.

Act neutrally:

Keep yourself professional and calm. Do not use angry or vindictive language. This will strengthen your legal position.

Talk to a lawyer:

This is the most critical step. Retaliation cases can be complicated. So it is necessary to seek the help of an experienced lawyer.

5. How A Lawyer Can Help

A lawyer can ensure justice for you. Employment laws in the United States, including California, are complex and rule-based. The help of an expert lawyer is essential to take the right steps.

The role of a lawyer:

• Analyze your case and help gather evidence
• Find a solution through negotiations with the office
• File a complaint with a government agency (such as DFEH or EEOC)
• Proceed to obtain compensation, back pay, or reinstatement

Final Thoughts

Retaliatory behavior in the workplace should not be acceptable. You can always stand up against injustice and should not be punished for it. The right steps can help to get justice, so be brave, gather evidence, and contact an experienced lawyer.