Employees have specific rights at work, and employers can’t infringe on those. One act that’s forbidden is employers taking retaliatory measures when employees assert those rights.
Certain actions, such as taking legally allowed leave, filing workers’ compensation claims, making complaints about illegal activity, requesting allowable accommodations and participating in investigations are all protected activities. Because those are protected, retaliation isn’t allowed as long as the employee asserts them in an honest manner.
What actions constitute retaliation?
Any negative employment action is considered retaliation if it’s done in response to the employee engaging in a protected activity. Some examples include:
- Termination or demotion
- Schedule or location changes that aren’t desirable
- Negative performance reviews that aren’t warranted
- Creation of a hostile work environment by supervisors
Retaliation isn’t always obvious. In some cases, it can occur through actions, such as spreading false rumors or failing to tell the employee about meetings or other work events.
Are there limits to what’s considered retaliation?
Even an employee who participates in a protected activity can face disciplinary action for reasons not related to their participation. This means that if they break an established rule at the company, they can be disciplined the same way as any other employee who breaks the same rule.
Employees who are facing retaliation may find the situation unbearable, but that shouldn’t stop them from being able to participate in any protected activity. Retaliation claims must be taken seriously, so employees may opt to work with someone familiar with these matters.