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Should I Talk to HR About Retaliation

By Corey Hanrahan

Should I talk to HR about retaliation? Workplace retaliation is a serious issue that can have profound effects on your professional and personal life. Talking to HR should not be taken lightly, but nor should the decision to stay silent. Carefully assessing your situation, knowing your rights, and preparing for the road ahead can be a lifeline in navigating this complex terrain.

In a perfect world, speaking out about unfair treatment would be met with swift, just resolutions from the employer. In reality, though, the path to justice is often fraught with obstacles and uncertainties. But being informed and prepared can help stack the deck in your favor. So, should you talk to HR about workplace retaliation? The answer lies within the details of your specific situation and your personal appetite for navigating its outcomes. But one thing is clear: knowing is always better than not knowing.

 

Workplace dynamics can sometimes resemble a game of high-stakes poker; the moment you speak up against unfair treatment or wrongdoing, you feel like you’re betting your spot on the team. And if that is indeed the case, fighting against retaliation is akin to going all in. So, should you take that risk and talk to HR about being retaliated against in your workplace?

“…Workplace dynamics can sometimes resemble a game of high-stakes poker; the moment you speak up against unfair treatment or wrongdoing, you feel like you’re betting your spot on the team….”

Know What Retaliation Looks Like

Before you make any moves, it’s important to recognize what constitutes unlawful retaliation in the first place. The key is making sure it is unlawful retaliation – because not all retaliation (as defined in the dictionary) supports a legal claim. By definition, workplace retaliation occurs when an employer punishes an employee for engaging in legally protected activities. Examples include demotion, firing, salary reduction, and changes in job assignments or duties.

 

Real-Life Examples

The recent Google employee walkouts brought to light cases where employees felt their rights were violated and then faced consequences for speaking out. Additionally, the widely-covered Fox News sexual harassment scandal showed the harsh side of the broadcast company, with reported instances of retaliation against employees who raised concerns.

The Pros and Cons of Talking to HR

Initiating a conversation with your HR department about retaliation is a significant step. Admittedly, it is a step with nuances that can affect your career and mental health. Let’s weigh some pros and cons.

Pros:

  1. Protection under the law: Whistleblower protections are in place to shield employees who report illegal practices.
  2. HR intervention: Prompt action could lead to resolution and prevent future retaliation.
  3. Company’s reputation: By bringing an issue to light, you might be helping to improve the workplace for your peers.

Cons:

  1. Fickle outcomes: HR might side with the company, leading to increased alienation and further adverse treatment.
  2. Stress: The process can be emotionally taxing, especially if it involves a drawn-out investigation.
  3. Perception: Colleagues and superiors might perceive you as a troublemaker, impacting future dealings with the company.
 

How to Approach HR

If you’ve decided talking to HR is the right course of action, then the next step is how to do it effectively.

Steps to Take:

  1. Gather Evidence: This includes documentation of the initial incident and any subsequent retaliation.
  1. Review Company Policies: Make sure you understand the procedures outlined by your company for reporting retaliation.
  1. Prepare to Explain the Impact: Be ready to articulate the negative consequences of the retaliation.
  1. Seek Support: It’s essential to have a support system in place, whether that includes trusted colleagues, a lawyer, or a union representative.
 

What if HR Doesn’t Help?

Should HR prove to be ineffective or complicit, exploring external avenues might be necessary. This could involve filing a complaint with the Equal Employment Opportunity Commission (EEOC), the California Civil Rights Department (CRD), or seeking legal representation. Here at The Hanrahan Firm, we have helped employees all across California seek recourse for unlawful retaliation. If you feel that you are being retaliated against at work, or if you wonder if a potential complaint would protect you from unlawful retaliation, call us to discuss your situation in more detail. Our consultations are always confidential, and always free. 

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