Workplace retaliation can be a confusing and overwhelming situation for employees.
It often happens when you stand up for your rights, but instead of being supported, you face negative actions from your employer.
Whether it’s being demoted, losing pay, or experiencing subtle forms of punishment, retaliation is illegal. Knowing when to seek legal help is crucial to protecting yourself.
In this guide, we’ll cover everything you need to understand about workplace retaliation and the steps you should take if you believe you’re a victim.
Workplace Retaliation Figures in the US
| Statistic | Value |
|---|---|
| Percentage of EEOC Charges Related to Retaliation | 55.8% |
| Total Retaliation Charges Filed (2020) | 37,632 |
| Total Monetary Benefits Secured for Victims (2020) | $439.2 million |
| Most Common Discrimination Charge | Retaliation |
| EEOC Merit Factor Resolution Rate (2020) | 17.4% |
Understanding Retaliation in the Workplace
Retaliation in the workplace happens when an employer punishes an employee for engaging in legally protected activities.
This could be filing a complaint about discrimination, reporting unsafe working conditions, or being a whistleblower.
Retaliation can look different depending on the situation, but the result is always a negative impact on the employee’s job or career.
What Is Workplace Retaliation?
Workplace retaliation refers to any negative action taken against an employee after they engage in legally protected activity.
This might include filing a discrimination complaint, participating in an investigation, or even reporting unsafe work conditions.
Negative actions can range from termination to something more subtle, like being passed up for a promotion or being excluded from important meetings.
Retaliation can even include small things, like suddenly being micromanaged or receiving unfair performance reviews.
Why Retaliation Is Illegal
Retaliation is illegal under several federal and state laws because it punishes employees for exercising their rights.
Federal laws like Title VII of the Civil Rights Act and the Family and Medical Leave Act (FMLA) protect employees from being retaliated against for filing complaints or participating in legal processes. These protections exist to ensure employees can report issues without fear.
Employers who retaliate violate these laws, and the consequences can be severe. Companies can face lawsuits, fines, and even damage to their reputation.
Signs of Retaliation to Watch Out For
Retaliation in the workplace can sometimes be hard to identify because it doesn’t always come in the form of blatant actions like firing or demotion.
If you’ve recently filed a complaint or participated in a protected activity, it’s important to be aware of the possible signs of retaliation so you can take action if necessary.
Here are some common signs to watch for:
- Sudden negative performance reviews
- Unjustified demotion or pay cut
- Reduction in responsibilities
- Exclusion from important meetings or projects
- Micromanagement
- Hostile treatment by supervisors or coworkers
- Being passed up for promotions or raises
- Increased disciplinary actions
- Unwarranted shift changes or reassignments
- Termination shortly after a complaint
If you notice any of these signs after engaging in legally protected activities, it’s important to address them quickly.
How to Identify If Your Employer Is Retaliating
Recognizing retaliation can sometimes be tricky because not every negative action is considered illegal.
It’s important to know how to identify if your employer’s behavior crosses the line into retaliation.
Correlation Between Complaint and Employer Actions
One of the clearest indicators of retaliation is the timing of events.
If you filed a complaint or engaged in a protected activity, and soon afterward, you experienced negative consequences, the two might be related.
For example, if your supervisor was satisfied with your performance until shortly after your complaint and then started giving you poor reviews, that’s a red flag.
The closeness in timing between your complaint and the retaliatory action can be a strong indicator that the two are linked.
However, you must be able to show that the action wouldn’t have happened otherwise.
Changes in Performance Reviews
Sudden changes in your performance evaluations can be a sign of retaliation.
If your work had been consistently praised, but after your complaint, your reviews suddenly become negative, there may be more to it than just an off day at work.
Employers sometimes use poor performance reviews as a way to justify demotions or other negative actions.
It’s important to document any changes in your evaluations and gather evidence of your previous performance to demonstrate that the shift in reviews isn’t justified.
Employer Awareness of Complaint
For retaliation to occur, your employer must be aware of your complaint or protected activity.
If your manager, supervisor, or the person taking negative action against you didn’t know about your complaint, it’s less likely that the action was retaliatory.
On the other hand, if there’s evidence that your employer was aware of your complaint—like an email chain or an internal meeting—this could help prove retaliation.
This awareness is a crucial element in determining whether the actions taken against you were retaliatory.
Changes in Job Responsibilities or Treatment
If your employer suddenly reduces your job responsibilities or changes how you are treated by management or coworkers, this can also be an indicator of retaliation.
Perhaps you were once in charge of leading projects, but after your complaint, you find yourself excluded from important meetings or given less meaningful work.
Sometimes, the treatment you receive from colleagues can shift drastically, with supervisors becoming cold or coworkers suddenly distant.
These behavioral changes can be subtle, but they may signal a larger issue.
Steps to Take Before Calling a Retaliation Lawyer
If you suspect that you’re being retaliated against at work, there are steps you can take before involving a lawyer.
Addressing the issue early may help resolve the problem without the need for legal action, and it will also help you gather the necessary information if things escalate.
Below are key steps you should take to protect yourself and build your case.
- Document Every Incident
- Speak with Your Supervisor
- Consult Human Resources (HR)
- Evaluate HR’s Response
- Collect Additional Evidence
Taking these steps will not only give you a clearer picture of whether your employer is retaliating but will also build a solid foundation for your case if legal action becomes necessary.
When to Call a Retaliation Lawyer
Once you’ve taken steps to address workplace retaliation on your own, there may come a point when you realize that further action is necessary.
Knowing when to involve a retaliation lawyer is key to protecting your rights and holding your employer accountable.
If internal attempts to resolve the issue fail or if the retaliation escalates, reaching out to legal counsel is often the next best step.
Situations Requiring Legal Assistance
There are clear signs that it’s time to contact a retaliation lawyer.
If you’ve been fired soon after filing a complaint, this is a strong indicator of unlawful retaliation.
Losing your job unfairly can lead to financial hardship, and legal assistance is crucial in seeking compensation for lost wages.
Other forms of retaliation may include demotion, pay cuts, or being excluded from key projects.
Even subtle actions like being passed over for a promotion or having your job responsibilities reduced without cause can be retaliatory.
A lawyer can help you evaluate whether these actions are illegal and what steps to take next.
The Benefits of Early Legal Intervention
Involving a lawyer early in the process can often lead to better outcomes.
A lawyer can guide you through documenting evidence, filing complaints with appropriate agencies like the Equal Employment Opportunity Commission (EEOC), and negotiating with your employer before the situation worsens.
Additionally, having legal representation can protect you from further retaliation during the investigation or legal proceedings.
If your employer knows that you have a lawyer involved, they may be less likely to continue taking retaliatory actions, which can help prevent escalation.
Take Action Today with Samuel Firm
If you believe you’re experiencing workplace retaliation, don’t wait to get help.
Contact Samuel Firm, a trusted New York employment lawyer, to protect your rights and explore your legal options.
Call 646-466-6849 today to schedule a consultation and take the first step toward justice!
