Workplace retaliation occurs when an employer takes negative action against an employee who has engaged in a legally protected activity, such as filing a complaint of discrimination, reporting harassment, or participating in a workplace investigation. Retaliation from an employer is considered illegal under various Equal Employment Opportunity laws (EEO), including Title VII of the Civil Rights Act and the Equal Pay Act. Workplace retaliation can take on many forms, some of which are overt and others that are overt. Here, we will explore some common types of workplace retaliation that employees may face.

Demotion

One of the direct and obvious forms of retaliation in the workplace is demotion, in which an employee is assigned to a lower-ranking role with less responsibility, prestige, or pay. Not only can a demotion affect the current satisfaction of an employee, but it can also be harmful when the employee seeks future career opportunities. Unfortunately, employers will often use a demotion as a tactic to undermine an employee and attempt to force them out. Demoting an employee as a form of retaliation is illegal, especially if there is no legitimate business reason for it.  

Exclusion

Exclusion is another type of workplace retaliation that an employer may partake in. To do this, an employer will deliberately leave the employee out of important meetings, projects, or opportunities for advancement. While more subtle than demoting the employee, exclusion as a form of retaliation is still considered illegal, and it can have significant consequences on the ability of an employee to perform well and advance in their career.

Termination

Perhaps the severe form of workplace retaliation is termination of employment. Although an employer may try to justify the termination due to performance issues or restructuring, if the timing closely follows the employee’s complaint or protected action, it can be a tell-tale sign that it may be a form of retaliation. Being fired from your job can have a myriad of consequences, from immediate financial harm and instability to difficulty securing future employment.

Harassment

Harassment can be another form of workplace retaliation and it can come from colleagues, supervisors, or the employer. Harassment may include actions such as verbal abuse, unnecessary criticism, or assigning demeaning tasks. Not only is this incredibly harmful to the employee, but it can also affect the overall company culture and employee morale. 

Reduction in Salary, Wages, or Benefits

Employers may also try to retaliate by reducing the employee’s salary, wages, or benefits. This, of course, can be incredibly stressful to the employee, can cause financial instability and uncertainty, and may even cause the employee to seek employment elsewhere. Employers are not allowed to reduce wages/salaries or strip an employee of their benefits as a reaction to the employee engaging in a legally protected action.

Change in Work Expectations

Finally, retaliation can take the form of a sudden change in work expectations or job responsibilities. For example, an employee who previously had manageable tasks may suddenly be overburdened with impossible deadlines, increased workloads, or assignments that are outside of their job description. Or, an employer may purposely schedule an employee for shifts in which they know the employee attends. All of these changes are intended to set the employee up for failure and potentially force them toward resignation. 

Legal Action 

If you believe that you are a victim of unlawful retaliation in the workplace, it is important that you take prompt legal action. Contact an Orange County workplace retaliation attorney who can help guide you through the legal process and ensure that your rights are protected along the way. By doing this, you will not only be able to recover compensation for the unfair treatment that you endured, but you will also protect future employees from this same treatment.

Disclaimer: “The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.”

Published by: Martin De Juan