While we’re always encouraged to report unlawful and inappropriate behavior in the workplace, sometimes this can backfire with negative consequences.
Workplace retaliation is when your employee behaves in a negative or hostile way when you report harassment or other protected activities in the workplace, or when you voice your rights. Protected activities are things you do that are encouraged to foster a safe work environment. Workplace retaliation involves fighting back against these positive actions.
Instead of your employer supporting you, they could make matters worse by punishing you, such as by demoting you or unjustly terminating your employment contract. This, in turn, can contribute to a toxic or hostile workplace.
If you’re dealing with workplace retaliation, you have rights. Read the rest of this article to explore how to identify, report, and take action against unlawful employers.
What are Common Types of Workplace Retaliation?
There are many examples of workplace retaliation. Some of the most common includes:
- Harming an employee’s job prospects. This can include reducing their hours of work, moving them to a different location, or demoting them.
- Exclusion and isolation. An employer who is retaliating against an employee might prevent them from being present at meetings and other opportunities.
- Unjust performance reviews. This is a strategy to prevent the employee from making the most of potential business opportunities.
- Threats. An employer could threaten or bully the employee to exert power over them.
- Increased scrutiny. Your employer might closely monitor your work when this isn’t justified.
What Can You Do to Fight Workplace Retaliation?
If you’re involved in workplace retaliation, there are some important things you should do.
Review Your Employment Documents
Refer to your employment contracts and employee handbooks so that you see what internal procedures you should follow to report the unjust behavior. This will also help you see if the employer’s behavior is in violation of company policy.
Create a Record of Events
To build a case to prove your employer’s behavior, you should start putting together a record of events that have occurred. You should include dates of when you reported the protected activity, such as a complaint against workplace discrimination, and your employer’s behavior afterward.
Contradict Incorrect Information
It’s common for workplace retaliation to include your employer trying to find ways to deny your claims. You should try to find evidence that contradicts this.
For example, if your employer is attempting to make you feel like your work performance isn’t meeting a quality standard but you know this isn’t true, you should collect previous performance reviews that show otherwise.
Speak to Witnesses
There might be people in the workplace who have seen the workplace retaliation against you. Speak to them and find out if you can keep reports of their accounts as this will strengthen your case. Be careful to choose people you can trust.
Report the Retaliation
You should file a complaint with your company’s HR department. Put it in writing so that you have proof of it, and include your concerns. Write specific incidents that have happened to you and how they are a response to your protected activity.
Consult with a Lawyer
If you’ve reached out to your HR department but they’re not doing anything to improve your situation, you should consult with a lawyer.
Finding a lawyer can be challenging at times, especially if you don’t know any in your location. ContractsCounsel, an online legal network connecting clients with vetted lawyers, makes the process easier. All lawyers on the platform are vetted and have years of experience in assisting clients with navigating stressful workplace retaliation.
How Can a Lawyer Help You With a Workplace Retaliation Case?
Your lawyer can provide legal insight and use their experience to create a favorable outcome for you. They’ll assist you by:
- Reviewing your employee documentation on your behalf for signs of your employer going against company policies.
- Finding evidence of workplace retaliation to support and strengthen your case.
- Helping you draft and file complaints.
- Negotiating with your employer to reach a settlement.
- Protecting you from negative effects of retaliation, such as losing your job.
- Representing you if your case goes to court.
- Gauging your case so you can choose the best resolution and outcome.
What are Legal Methods for Workplace Retaliation?
When dealing with workplace retaliation, common legal processes for resolving the issue include the following.
Alternative Dispute Resolution (ADR)
This involves two common processes, and your lawyer can advocate for you in both of them.
Mediation
During meditation, a neutral mediator will oversee communication between you and the employer. Instead of delivering a binding decision, they’ll listen to you and encourage you to reach an agreement together. This fosters a spirit of collaboration, which is beneficial if you wish to keep your job.
Arbitration
This is similar to mediation but more formal. It involves a third party arbitrator who listens to both parties’ cases and delivers a decision that’s usually legally binding. This can be a useful process if you and the other party struggle to reach an agreement or your employer isn’t being responsive to your efforts to resolve the issue.
If these methods don’t prove successful, you might have to take your employer to court.
What Compensation Can You Gain for Workplace Retaliation?
There are various ways in which you can be compensated for workplace retaliation, bearing in mind that you could be experiencing financial and emotional distress from your employer’s actions. These include:
- Paying you for any lost income, such as if you’ve been fired or forced to work fewer hours.
- Punitive damages. This includes being awarded additional compensation. It’s commonly seen in cases where employers are malicious.
Do you need a lawyer for a workplace retaliation case?
You should contact a lawyer on ContractsCounsel. All lawyers on the platform are vetted, experienced, and have expertise to help you navigate a stressful workplace retaliation case. They’ll protect you against further harm, guard your interests, and fight for your rights.
