How Can Employees Identify Retaliation in the Workplace?

Retaliation in the workplace is a serious issue that can significantly affect an employee’s mental and emotional well-being. It occurs when an employer takes adverse action against an employee for engaging in legally protected activity, such as reporting discrimination or unsafe working conditions. Understanding the signs of workplace retaliation is crucial for addressing it promptly. Employees should know how to identify retaliation and the steps they can take to address it with the help of legal professionals from Marshall Forman & Schlein LLC.

What is Workplace Retaliation?

Workplace retaliation encompasses the negative actions taken by an employer as a response to an employee’s participation in a protected activity. Protected activities include filing a complaint about discrimination, requesting reasonable accommodations or opposing unlawful practices. Retaliation can manifest in various forms such as termination, demotion, harassment or other actions that could dissuade a reasonable person from engaging in similar protected activities.

Identifying Signs of Retaliation

1. Sudden Changes in Job Assignments and Responsibilities

One of the most telling signs of retaliation is a sudden and unexplained change in job assignments, responsibilities or workload. For instance, an employee who was once given high-profile projects may suddenly find themselves relegated to menial tasks without clear justification.

2. Negative Performance Evaluations

If an employee begins to receive unjustifiably negative performance reviews following a protected activity, this could be a sign of retaliation. Performance evaluations that seem out of line with previous feedback or that appear to exaggerate minor issues should be scrutinized closely.

3. Demotion or Denial of Promotion

A clear indicator of retaliation is when an employee is demoted or denied a promotion they were previously in line for, especially if it occurs shortly after engaging in a protected activity. This demotion can come in the form of a pay cut, a reduction in job title or removal of responsibilities.

4. Increased Surveillance or Nitpicking

Employers may increase scrutiny of an employee’s work or begin to nitpick over trivial matters as a form of retaliation. Increased surveillance or micromanagement that wasn’t present before can signal an attempt to create a hostile work environment.

5. Harassment and Hostility

Experiencing increased hostility or harassment from supervisors or coworkers is another red flag. This can include anything from verbal abuse and threats to more subtle forms of mistreatment such as exclusion from meetings or work-related social events.

6. Layoff or Termination

One of the most severe forms of retaliation is the layoff or termination of employment. If an employee is laid off or fired soon after engaging in a protected activity, this may constitute unlawful retaliation.

7. Changes in Benefits and Privileges

Retaliation can sometimes take the form of changes in benefits and privileges, such as revocation of previously agreed-upon flexible working hours, denial of vacation requests or changes in health benefits.

Schedule a Consultation to Discuss Your Retaliation Case

Retaliation in the workplace is not only illegal but also detrimental to an employee’s professional and personal life. Recognizing the signs of retaliation early and taking prompt action can help mitigate its negative effects and ensure that you receive fair treatment. If you believe you have been subject to retaliation, do not hesitate to reach out to an experienced employment lawyer. Contact Marshall Forman & Schlein LLC today for a free consultation and let us help you stand up for your rights.