How To Handle Retaliation from Your Employer

Employment retaliation is when an employer takes a negative action against an employee for something the employee did or said. Perhaps you reported unsafe working conditions, discussed your pay with coworkers, or took extended leave. Employers cannot retaliate against you for protected employment activities or reporting labor law violations.

Workers can file a retaliation claim with the U.S. Equal Employment Opportunity Commission (EEOC) or file a lawsuit to recover compensation. For more information about retaliation laws and your legal rights, talk to an employment law attorney.

Understanding Employer Retaliation

Employer retaliation can include any adverse employment action, including:

• Termination
• Demotion or pay cuts
• Denied opportunities
• Bullying and harassment
• Moving your work location
• Reduced hours
• Loss of benefits

An employer can also make your job more difficult or try to get you to quit. Encouraging hostility or resentment among your co-workers can produce a hostile work environment. When harassment makes it difficult for you to do your job, you may have no option but to quit.

To prove a retaliation claim, you can show that your manager’s action would deter a reasonable person from taking part in protected activities. Even if the employer doesn’t take any negative action, they can deter reporting by threatening workers for filing complaints.

Employer retaliation is a common problem for workers. State and federal employment laws address types of retaliation and protect you against illegal employment retaliation.

Fight for Your Employee Rights at Work

If your employer is violating your rights, you can find a top employment law attorney near you in the Super Lawyers directory who will stand up for you.

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Legal Protections Against Retaliation

Most employer-employee relationships are at will, meaning your employer can fire you for any reason or no reason at all. However, your employer can’t fire you for specific illegal reasons, including:

• Employment discrimination
• Reporting sexual harassment
• Reporting unsafe work conditions to OSHA
• Refusing to break the law
• Filing a minimum wage or overtime pay claim
• Claiming workers’ compensation
• Taking leave under the Family and Medical Leave Act (FMLA)
• Whistleblowing on illegal activity

Employment discrimination laws protect workers against adverse actions based on protected characteristics, such as race, color, sexual orientation, gender identity religion, disability, and other classifications. Employees have a legal right to report unlawful discrimination. Employers cannot retaliate against the employee for that reason.

Reporting illegal activity or taking advantage of labor law rights are also protected activities. For example, the FMLA gives most workers up to 12 weeks of job-protected leave to care for family members or for the birth of a child. Employers cannot fire a worker for taking their legal FMLA time.

Unlawful retaliation laws protect employees who report workplace violations or support investigations. For example, an employee reporting wage and hour law violations has protections against unlawful retaliation. Another employee acting as a witness in a government investigation also has the same protections.

Steps To Take if You Experience Retaliation

Some disciplinary actions are not related to illegal retaliation. Just because something is unfair or a supervisor is bad at their job doesn’t mean your treatment is illegal. You can contact your human resources office or talk to a supervisor if you think you are dealing with retaliatory behavior in the workplace.

If you experience workplace retaliation behavior for trying to protect your rights, you have a right to take legal action. It can be difficult to prove retaliation claims, so gather as much relevant evidence as you can. Evidence or signs of retaliation can include:

• Emails, text messages, and notes
• Copy of performance reviews
• Paystubs to show your financial losses
• Witness testimony from co-workers
• Copy of your employee handbook

Reporting Retaliation Effectively

Many workers think they don’t have any options after workplace retaliation. But federal and state laws give you a cause of action against your employer for unlawful retaliation. You can report a retaliation case or file a lawsuit to recover damages.

The U.S. Department of Labor (DOL) regulates employee rights laws. The EEOC enforces federal laws for employment discrimination and retaliation. You can file a complaint with your local EEOC office or state agency for labor law protections.

Filing a Wrongful Retaliation Lawsuit

By filing a wrongful termination lawsuit, you can get compensation for lost wages, loss of benefits, and other damages. You can also get punitive damages to punish the employer for their wrongful behavior. In many cases, your attorney can also force the employer to pay your legal fees.

Taking legal action also helps to protect other workers facing similar situations. When employers have to pay for illegal retaliation, it makes them think twice about doing it again. You can find more information about employment laws for employees from our overview page. For legal advice about retaliation and your options, talk to a local employment lawyer.