Workplace Retaliation

When Are You The Victim of Retaliation at Work?

Retaliation is when you stand up against wrongdoing in the workplace, and your employer responds by taking an adverse employment action against you (i.e punishes you). For example, if you submitted a complaint about unsafe work conditions in your office, that would be a legally protected activity. Even if your complaint turns out to be untrue, as long as you honestly believed it to be true when you made the complaint, then it is legally protected. And, if your company takes a negative employment action against you in response, then that could be retaliation. Retaliation can come in many forms, including a demotion, reduction in salary, job reassignment, firing, or other adverse employment action.   

It’s important to know that not all wrongdoings are created equal.  Let’s say you are a dog person and your boss is a cat person.  If your boss and Now, not everything is grounds for lodging a complaint, regardless of how true you may consider it. Let’s say you tell your boss about your favorite TV show, and they come right out and say how much they hate that show — loudly, in ear shot of other employees. As much as you may know in your heart that your boss is just flat out WRONG because your favorite show is objectively the best show EVER, their stating their opinion is not illegal, even if you completely disagree with their opinion.

But what if you feel your supervisor is harassing you, and you complain about it, and they start treating you differently? Is this retaliation? Maybe. On one hand, if your supervisor’s responds by becoming a little less friendly to you than before, that might not be retaliation. On the other hand, if suddenly you are no longer invited to meetings you used to attend regularly, that just might be retaliation.

What if you’d made that same harassment complaint and the following week you were reassigned, demoted, or fired for “poor performance” or “not getting along well with the rest of the team?” That too could be retaliation, and if so, you have protected rights.

Other legitmate complaints include calling out an unsafe or hazardous work environment, harrassment(sexual or otherwise), discrimination, or violations of California labor laws including unpaid wages and unpaid overtime. It is illegal for your employer to penalize you for making those complaints.

Likewise, your employer cannot legally penalize you for reporting or refusing to participate in an illegal activity. Nor can you be penalized for aiding an investigation of wrongdoing a fellow employee may have experienced.

I’m here to help you.

If you believe any of the above retaliation scenarios might apply to you, we should talk. You might be able to collect damages from your employer. Such damages can include emotional harm, lost wages, or damage to your professional reputation. If so, I want to help you. Please click the button below to reach me. Our first conversation is free of charge.