Workplace retaliation is a serious issue that can have long-term consequences for both employees and employers. When employees report harassment or discrimination or engage in legally protected activities, they are often at risk of facing retaliation. While retaliation can take many forms, it’s important to recognize the signs early and take steps to protect your rights. If you believe you are experiencing workplace retaliation, a Los Angeles workplace retaliation lawyer can help review your case.
1. Denial of Promotions
One of the most common forms of retaliation occurs when an employee is denied a promotion or advancement opportunity after they engage in protected activities, such as filing a discrimination complaint, participating in an investigation, or reporting a violation of company policy. If an employee has been performing well and meets all qualifications for a promotion but is passed over in favor of someone less qualified, this may be retaliation.
How to Combat It
- Document your performance: Keep records of positive performance reviews, achievements, and any communications related to your job performance. This will help demonstrate that you were qualified for the promotion.
- Ask for feedback: If you are passed over for a promotion, ask for specific feedback on what you can do to improve. If the reason seems vague or unreasonable, it may be a sign of retaliation.
- File a complaint: If you believe the denial of promotion is related to your protected activity, file a complaint with your HR department or seek legal advice about filing a formal retaliation claim.
2. Job Reassignment
Another form of retaliation is a sudden and unjustified job reassignment. Employers may change an employee’s role or duties after they file a complaint or participate in a legal activity, like unionizing efforts. This can involve a demotion, assigning tasks that are outside the employee’s skill set, or transferring them to a less desirable location.
How to Combat It?
- Review your job description: Compare your reassignment to your original job description. If the new duties are significantly different or degrade your position, this could be retaliation.
- Request clarification: If you are reassigned, ask for a clear explanation of why the change occurred. It’s important that the reasons are documented and tied to business needs, not personal retaliation.
- Consult with legal counsel: If you feel your reassignment is retaliatory, consider consulting an attorney to determine whether you have grounds for a legal claim.
3. Negative Performance Reviews
Sometimes, an employee who has made a complaint or reported an issue may suddenly start receiving poor performance reviews or unjustified criticism. Negative evaluations that don’t reflect actual work performance can be a tactic used by employers to build a case for firing the employee or pushing them out of the organization.
How to Combat It?
- Track your accomplishments: Keep a detailed log of your achievements, milestones, and any positive feedback you’ve received. This documentation can help refute any unfair performance evaluations.
- Request specific examples: If your performance review is unexpectedly negative, ask for concrete examples of what you did wrong and how you can improve. If the feedback is vague or doesn’t align with your actual work, it may indicate retaliation.
- Appeal the review: Most companies have a process for appealing performance evaluations. Use this opportunity to present evidence of your past work and highlight any discrepancies in the review.
4. Harassment or Bullying
Workplace retaliation may also take the form of harassment or bullying. This can involve being excluded from meetings, being belittled or mocked, or subjected to unnecessary scrutiny. Harassment often occurs when an employee speaks out about issues such as workplace discrimination or safety violations. In some cases, the employer may fail to address the issue, leading to ongoing mistreatment.
How to Combat It?
- Document incidents: Keep detailed notes about any incidents of harassment or bullying, including dates, times, and the names of individuals involved. This documentation can be used as evidence in case you need to file a complaint.
- Report the behavior: Notify your HR department or management immediately if you are being harassed. Employers are required by law to address harassment and take corrective action.
- Seek legal action: If harassment continues or your employer fails to act, you may need to seek advice from an attorney to explore your legal options.
5. Exclusion from Important Meetings or Projects
Another retaliatory tactic involves excluding an employee from important meetings or key projects, especially when the employee has historically been involved in those activities. This can result in the employee being isolated from the team and missing out on career-building opportunities. In some cases, the exclusion may be subtle, such as not being invited to meetings or having their input ignored.
How to Combat It?
- Stay engaged: Continue to show initiative and involvement in your work. If you are excluded, ask for clarification on why you were left out and if you can contribute to the project or meeting in any way.
- Maintain a positive track record: Document your contributions and highlight past projects where you played a significant role. If exclusion is a retaliation tactic, this record of your involvement can help protect your reputation.
- Request a meeting: If you notice a pattern of exclusion, request a meeting with your manager or HR to address your concerns. You may be able to resolve the issue informally before it escalates.
How to Protect Yourself Legally?
The best way to protect yourself from retaliation is to know your rights and take proactive steps. U.S. labor laws, including Title VII of the Civil Rights Act, the Family and Medical Leave Act (FMLA), and the National Labor Relations Act (NLRA), offer protections against retaliation in various situations.
- Document everything: Always keep records of communications, incidents, performance evaluations, and any retaliation-related actions.
- Know your legal rights: Familiarize yourself with the laws that protect against retaliation, including filing complaints with organizations like the Equal Employment Opportunity Commission (EEOC) or the Department of Labor.
- Seek legal advice: If you believe you’re being retaliated against, it may be wise to consult with an employment attorney who can guide you through the legal process and help you determine the best course of action.
Key Takeaways
Workplace retaliation is a serious issue that can harm employees and disrupt workplace harmony. If you are facing retaliation, it’s crucial to recognize the signs and take immediate steps to protect yourself. By documenting your experiences, understanding your legal rights, and seeking support when necessary, you can stand up to retaliation and maintain a fair and respectful work environment.
