Employees have specific rights that they should be able to count on at work. Some of these are centered around being able to speak out if they notice illegal activities, such as sexual harassment, discrimination or lax safety standards. Other rights have to do with things like taking Family and Medical Leave Act leave or filing for workers’ compensation benefits if they’re injured.
Another right that all workers have is to be free from having to worry about their employer retaliating because they exercise their rights. This means that they shouldn’t face any negative employment actions, no matter how subtle, in response to those protected actions.
What are some examples of retaliatory actions?
Retaliation can include obvious actions like reduction in wages or hours, termination or undesirable change in shifts or location. Some retaliation can be a bit more subtle. This includes things like failing to tell the employee about a meeting or giving them unwarranted, unfavorable performance reviews.
Just because an employee takes part in a protected activity doesn’t mean that they are free to do what they want at work. Retaliation is only present if the negative employment action is in response to the protected activity. If an employee breaks the rules, they can still face the same disciplinary measures as other employees who break the same rules.
Employees who believe they’ve been the victim of retaliation by their employer should ensure that they learn about their options. Working with someone familiar with this area of employment law may be beneficial, so they can uphold their rights throughout the process.