Employees have specific rights that are provided to them by labor laws, some of which are set in federal law and others in state law. It’s critical that employees are able to ensure their rights are being upheld. This means, in part, that they should be able to exercise them and report when they are being violated at work.
Because of the importance of these rights, employers are forbidden from taking any negative employment actions if an employee engages in legally protected activities. Some of these include making reports or cooperating with investigations related to discrimination or harassment. Whistleblowing about illegal activities and taking lawful leave are also covered.
What’s considered a negative employment action?
Negative employment actions can include everything from being terminated to being purposefully excluded from important meetings. It can include demotions, pay cuts, undesirable shift changes or negative performance reviews that aren’t warranted.
One key for determining if a negative employment action is retaliation is being able to tie it to a protected activity. This means that if a worker faces a negative employment action because they broke a lawful company rule, the negative employment action isn’t considered retaliation. If the negative employment action is because the employer took a leave allowable under the Family and Medical Leave Act, it would be considered retaliation.
Employees have the legal right to engage in protected activities, so employers must have policies in place to prevent retaliation. If an employee believes they are the victim of retaliation, they have the right to pursue legal action. Seeking assistance from someone familiar with these matters is beneficial since they can become complex.