How Do You Respond to Retaliation at Work
By Corey Hanrahan
How do you respond to retaliation at work? Retaliation at work is a difficult issue to navigate. It’s intimidating, overwhelming, and often seems futile to fight back against your employer, especially if they are a big company with unlimited resources. Employees who find themselves entangled in a web of workplace retaliation are often unsure of how to respond.
However, there are some real strategies for stepping into the battleground of a retaliatory work environment with your head held high. There are also important legal considerations to keep in mind.
“…retaliation occurs when an employer or coworker takes an adverse action against an employee for engaging in a legally protected activity. The key here is ‘legally protected activity.’…”
Understanding Workplace Retaliation
Workplace retaliation occurs when an employer, often through a management-level employee, takes an adverse action against an employee for engaging in a legally protected activity. The key here is “legally protected activity.” This activity can include anything from making a complaint about harassment or discrimination to participating in an investigation into another employee’s complaint about those legal violations. It’s crucial for employees to understand their rights and the consequences their employers may face if found liable for retaliation
The Law is on Your Side
Federal and state laws not only prohibit discrimination and harassment but also the retaliation that often follows a complaint. If an employer is found to have engaged in retaliation, they may be liable for damages and other remedies to the employee. Common examples of retaliation include, demotion, suspension, salary reduction, termination, etc.
Employers are not allowed to retaliate against you for exercising your rights, and the penalties for doing so can be severe.
Other Types of Unlawful Retaliation
Let’s go back to the earlier theme of needing to show a “legally protected activity.” Not every complaint you make at work protects you from retaliation. For example, if you complained that your supervisor’s favorite employee ate your sandwich out of the refrigerator in the breakroom, that would not protect you from retaliation. Under the law, that complaint is not a “legally protected activity.” An experienced employment lawyer should be able to help you determine, rather quickly, whether or not your complaint constitutes a legally protected activity under the law.
The Art of Assertive Communication
One of the most effective ways to combat workplace retaliation is through clear and assertive communication. If you believe you’re facing retaliation, don’t let it fester in the shadows.
While navigating workplace retaliation, it’s important to seek guidance from HR and, if necessary, legal representation. HR should serve as an advocate for employees, ensuring policies are followed and disputes are resolved. Unfortunately, sometimes HR can be part of the problem, in that it simply wants to protect the employer, or because the nature of the claim means that external support is necessary.
Facing workplace retaliation requires a unique blend of the three Cs: courage, caution, and composure. It’s essential to stand up for your rights without endangering your career or personal well-being in the process. By understanding the laws that protect employees from retaliation, seeking out effective communication, and forming allies, you can respond to workplace retaliation with resilience and purpose.
It’s also important to bear in mind that retaliation can come in many forms, some of which are subtle and difficult to address directly. Establishing a support network, both inside and outside the workplace, is key to responding effectively to retaliation. Remember, your first duty is to protect yourself. Whether that means conserving evidence or seeking legal advice, take the necessary steps to ensure that you stand the best chance of emerging from this challenging situation with your dignity and rights intact.
Retaliation at work is an emotional and legal quagmire, but it’s not insurmountable – especially with a skilled employment law attorney in your corner. With a clear path and the right support, you can overcome this obstacle and return to a workplace that you’ve helped make safer and more respectful for all employees.
The Hanrahan Firm has been representing victims of workplace retaliation for more than a decade. And we always offer free consultations. So, if you feel that you are being subjected to workplace retaliation, reach out to us for a free consultation.