If you report harassment, discrimination, or other unlawful conduct in the workplace, your employer may respond in ways that constitute retaliation. Retaliation can take many forms, including demotion, exclusion from projects, or creating a hostile or uncomfortable work environment.
“This is a serious offense. An employer who retaliates against you for reporting any form of workplace misconduct, whether in writing or in person, is breaking the law,” says California employment lawyer Jacob Nalbandyan of LNN Law Accident & Employment Lawyers.
This guide explains what workplace retaliation is and outlines steps you can take if you believe you have experienced it.
What is Workplace Retaliation?
Workplace retaliation refers to adverse actions taken by an employer in response to an employee reporting concerns or engaging in legally protected activity. This may include reporting issues such as discrimination, wage theft, or harassment, among others. Retaliation can sometimes be obvious, but in many cases it may be more subtle.
In general, retaliation occurs when an employer takes action that discourages employees from raising concerns about unlawful or improper conduct. Such behavior is prohibited under both federal and state law and may give rise to legal claims by the affected employee.
Subtle Forms of Retaliation
Subtle workplace retaliation can sometimes be difficult to recognize at first. For instance, colleagues may suddenly give you the cold shoulder or begin avoiding meetings with you. Another common form of subtle workplace retaliation involves being assigned an excessive amount of paperwork at once or being given tasks for no apparent reason.
In other cases, performance that was previously praised may suddenly be met with increased criticism, with a supervisor beginning to find faults in your reports and assignments. Alternatively, you may have previously been able to manage your duties well, but then start struggling under an overwhelming workload, along with increased managerial scrutiny. Over time, such situations can lead many employees to resign because the work environment becomes intolerable.
Actions to Take if You Suspect Retaliation
If you believe your manager is retaliating against you for reporting an issue, begin collecting evidence right away. Save emails, performance reviews, schedules, and any other records that may indicate a change in the attitude of colleagues or management following your report. Document any concerning interactions, including the date and relevant details.
You may also choose to raise your concerns directly with HR or your supervisor in a calm and professional manner, clearly describing the behavior you have observed and asking for clarification or support in addressing it. If the behavior continues or the situation worsens, you may consider reporting the matter to the California Civil Rights Department or the EEOC.
Before taking this step, however, it is advisable to consult with an employment lawyer. They can assess your situation and help determine whether the conduct may legally constitute retaliation. They can also guide you on how to proceed and protect your rights moving forward.
What Should You Expect from a Retaliation Claim?
Once a retaliation claim is filed, the process typically begins with an investigation. This involves gathering evidence from both you and your employer. The relevant agency or department reviews the facts to determine whether the actions taken by your employer were motivated by your participation in a protected activity.
If the claim moves forward, the company may negotiate a settlement with you to resolve the matter. If an agreement cannot be reached, the case may proceed to court. Possible outcomes include monetary compensation (such as back pay), damages for emotional distress, reinstatement to your former position, and other appropriate remedies.
Selecting the Right Employment Lawyer
It would be inaccurate to say that your choice of employment attorney will not affect your case. For this reason, it is important to look for someone who has handled multiple retaliation cases and has a strong understanding of California employment law. You should seek an attorney who is willing to listen to your concerns, clearly explain your options, and be transparent about their fee structure.
