When employees face discrimination, harassment, or other wrongful acts at work, it’s important that they report the incident(s). However, many fail to do so because they fear retaliation. Fear of losing one’s job or facing other negative repercussions can make a person deal with a lot. However, the fact is that retaliation by an employer is illegal. The big question is whether an act truly is retaliatory. Examples of retaliation in the workplace can help answer this question.

If you think you’ve been retaliated against for a legally protected activity, it’s important to reach out for legal help. This is also true if you’ve been wrongfully accused of retaliatory actions. Both federal and state laws take this allegation seriously, and if an employee proves their case, they may be entitled to significant compensation. If you’ve faced retaliatory actions or are accused of retaliation, contact a Brooklyn employment law attorney today.

What Is Retaliation in the Workplace?

Retaliation in the workplace is a punitive action taken by an employer to punish an employee for engaging in protected activities. This includes being terminated by the company, but other adverse actions against an employee can qualify as well. It’s not necessary for all upper management and executives to be aware of what’s going on. Actions taken through a manager, director, or supervisor can qualify as retaliation.

The next section of this guide will delve into examples of retaliation in the workplace, but it’s important to note that all these examples share common features. Most importantly, such actions might dissuade reasonable employees from reporting legal violations and other issues. Additionally, workers may feel discouraged from engaging in activities they’re legally allowed to participate in. Both employee morale and worker rights are harmed by this.

Examples of Retaliation in the Workplace

Retaliation in the workplace occurs in relation to legally protected activities. We’ll discuss these activities in the next section, but it’s important to understand what types of actions by an employer constitute retaliation. If a company engages in any of the following actions — or something similar — they may find themselves in legal peril:

  • Reprimanding an employee for their actions
  • Demoting a worker or transferring them to an inferior position
  • Giving an unfair and unwarranted performance evaluation
  • Engaging in physical or verbal abuse
  • Threatening or reporting employees to authorities (e.g., immigration agencies)
  • Treating the friends/relatives of an employee negatively
  • Engaging in additional scrutiny against the worker
  • Spreading false rumors
  • Increasing workloads or difficulty of required tasks
  • Termination

If your situation resembles any of these examples of retaliation in the workplace, your employer may be in violation of state and federal law. However, there are nuances to these statutes. Additionally, you’ll need to gather enough evidence to prove your claim. Having an attorney on your side during this process can prove invaluable.

What Are Legally Protected Activities?

While the above examples of retaliation in the workplace may seem extensive, they’re far from being exhaustive. Termination is clearly an adverse action, but there are many others that you might not even consider. Such actions might even be specific to certain industries. To get a better idea of how retaliation works, it may be helpful to focus instead on what constitutes protected activity. Any adverse actions taken in response to the following are likely illegal:

  • Reporting harassment or discrimination
  • Filing a workers’ compensation claim
  • Taking time away from work for FMLA reasons
  • Performing a legal obligation (e.g., jury duty)
  • Reporting a potential violation of the law
  • Consuming legal products outside of work
  • Exercising a legal privilege or right
  • Engaging in political activities away from work
  • Forming or joining a union
  • Refusing to follow illegal orders
  • Requesting reasonable accommodations

Every employer should understand that these are not fireable offenses. In fact, they’re not offenses at all. The law protects workers who are engaged in legal activities. Of course, there are certain exceptions to nearly every law. There are also statutes of limitations that may come into play. Due to this, it’s important to fully understand your rights.

Even if what you’ve experienced doesn’t fall into the aforementioned examples of retaliation in the workplace, there may still be legal issues at hand. Contact our law firm today to speak with a Brooklyn workplace retaliation lawyer who can help.

What if You’ve Faced Retaliatory Actions at Work?

If you’ve faced retaliation in the workplace — from “verbal warnings” to outright termination — it’s important to take legal action. There may be individuals in upper management who could remedy the situation, but talking to them could prove risky since you don’t know if the company will “circle the wagons.” Your first step should be to preserve any evidence so you can prove your case.

Afterward, you should reach out to an employment law attorney. You may be entitled to substantial compensation — which could include reinstatement, back pay, front pay, reimbursement of benefits, and significant financial awards. Since these laws are complex and often have deadlines attached, though, speaking with a lawyer as soon as possible is ideal.

What if You’re Accused of Retaliatory Actions?

If you’ve been accused of retaliation against an employee, you’re likely in more need of an attorney than the individual pursuing the claim. That’s because the legal ramifications of retaliatory acts are substantial. You could end up paying the employee for work they missed, work they will miss, and even additional liquidated damages. The damage to public perception is also frequently long-lasting.

The simple fact is that upset employees may view certain actions as retaliatory even when they’re not. It’s also possible that allegations against you could be completely fabricated. You may even find yourself in a situation where you’re facing accusations of retaliation because you fired someone for filing a false complaint. Regardless of the situation, an experienced employment law attorney might be your best bet for avoiding problems.

Of course, even the most extensive list of examples of retaliation in the workplace won’t cover every situation. Regardless of whether you’re a worker or an employer, seeking legal advice is always a wise move.