What to Do If You Face Retaliation at Work

Workplace retaliation can be overwhelming, especially if you’ve already gone through the process of reporting something wrong. Retaliation at work happens when your employer punishes you for engaging in a protected activity, such as filing a complaint or reporting workplace discrimination. If you’re in this situation, knowing your rights and next steps can help you protect yourself.

Key Takeaways

Retaliation happens when an employer punishes you for engaging in legally protected activities, like reporting discrimination or participating in an investigation.
Common signs include firing, demotion, pay cuts, negative performance reviews, or being excluded from meetings after you’ve made a complaint.
Laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Whistleblower Protection Act protect you from retaliation. The Equal Employment Opportunity Commission (EEOC) enforces these laws.
Keep detailed records of incidents, communications, and changes in your work situation. This evidence is crucial if you decide to take legal action.
Before discussing details with Human Resources, consult an employment lawyer to protect your rights and get professional advice on the next steps.
You generally have 180 days to file a complaint with the EEOC, though some states extend this to 300 days. Missing deadlines can forfeit your rights.
If you proceed with a case, you may recover lost wages, benefits, compensation for emotional distress, and possibly punitive damages against the employer.
Contact 1-800-THE-LAW2 for a free consultation with a qualified attorney in our network to discuss your case and explore your legal options.

What is Workplace Retaliation?

Retaliation occurs when an employer punishes an employee for engaging in legally protected activities. This could be filing a complaint about workplace discrimination, participating in an investigation, or opposing unfair practices. Retaliation can take many forms, from firing or demotion to more subtle actions like shift changes or exclusion from meetings.

It’s not always obvious when retaliation occurs. Sometimes, it’s clear, like getting fired. But other times, it can be more subtle. For example, a shift change might seem harmless, but if that change makes it harder for you to balance work and family, it could still be considered retaliation. According to the U.S. Supreme Court, any action that would discourage a reasonable employee from making a complaint is considered illegal retaliation.

If retaliation were allowed, it could stop people from speaking up about unfair treatment, making workplaces even less safe and fair. That’s why retaliation is taken so seriously.

For example, if you report sexual harassment and your boss demotes you afterward, you could have both a harassment and a retaliation claim. Sexual harassment can include unwelcome sexual advances or requests for sexual favors, and if you report such behavior and face negative job actions, it could be considered retaliation. Each claim is separate, but both are important.

Red Flags: Is Your Employer Retaliating Against You?

It’s not always easy to tell if your employer is retaliating. Sometimes, after you report an issue, your supervisor’s attitude may change, but that doesn’t necessarily mean it’s retaliation. For example, if your boss acts more professionally and less friendly after a complaint, that’s not retaliation. However, if your complaint is followed by a negative action like a demotion, pay cut, or exclusion from important meetings, you might be dealing with retaliation.

Retaliation at work can come in many forms, and it’s not always easy to spot. Here are some common signs of workplace retaliation:

Firing or demoting: You report workplace discrimination, and shortly after, you’re fired or demoted.
Cutting hours or pay: After raising concerns about unsafe working conditions, your boss reduces your work hours or pay.
Bad performance reviews: You file a complaint, and suddenly your performance reviews are much worse than they were before.
Isolating you from coworkers: After you help a coworker file a complaint, your team starts leaving you out of meetings, projects, or group activities.

If you report unlawful discrimination and subsequently face negative job actions, it is important to recognize these as potential signs of retaliation.

In some cases, retaliation can be more subtle, but if you feel like you’re being treated unfairly after taking action to defend your rights, it’s important to look deeper.

Federal Laws and Protections

Federal laws play a crucial role in protecting employees from retaliation in the workplace. The Equal Employment Opportunity Commission (EEOC) enforces several federal laws that prohibit employment discrimination and retaliation. These laws include:

Title VII of the Civil Rights Act of 1964: This federal law prohibits employment discrimination based on protected categories like race, color, religion, sex, sexual orientation, gender identity, and national origin. It ensures that all employees have equal opportunities in the workplace.
The Age Discrimination in Employment Act (ADEA): This act protects individuals who are 40 years of age or older from employment discrimination. It ensures that employees are not unfairly treated due to their age.
The Americans with Disabilities Act (ADA): This law prohibits employment discrimination against individuals with disabilities. It requires employers to provide reasonable accommodations to employees with disabilities.
The Genetic Information Nondiscrimination Act (GINA): This act prohibits employment discrimination based on genetic information. It ensures that employees are not discriminated against due to their genetic predispositions.
The Whistleblower Protection Act: This law protects federal employees who disclose information about wrongdoing or illegal activities. It ensures that employees can report misconduct without fear of retaliation. However, it’s important to note that this law applies to federal employees and not to private-sector employees.

These laws prohibit retaliation against employees who engage in protected activities, such as filing a complaint with the EEOC, participating in an EEOC investigation, or opposing discriminatory practices. Employers who retaliate against employees for engaging in these activities can face severe penalties, including financial settlements and civil suits.

Steps to Take After You’ve Encountered Retaliation at Work

If you suspect that your employer is retaliating against you, here’s what you can do:

Keep records: Save any emails, performance reviews, or other documents that show what happened before and after you reported the issue. This can help prove that retaliation took place.
Ask for an explanation: Speak with your supervisor or HR to ask why these actions are being taken. It’s possible there’s a legitimate reason, but if they can’t provide one, mention your concerns about retaliation.
Avoid detailed conversations with HR until you consult a lawyer: It might seem like HR is there to help, but they ultimately work for the company. Talk to a lawyer first to protect your rights before going into too much detail with HR.
Document everything: Write down dates, names, and what was said or done to you. The more detailed your records are, the stronger your case will be if you decide to take legal action.
Consult an attorney: Retaliation cases can be tricky. A lawyer can help you understand your options and guide you on the best course of action. Many lawyers offer free consultations.
File a Complaint with the EEOC: If the issue isn’t resolved internally, you can file a complaint with the Equal Employment Opportunity Commission within 180 days of the retaliatory act.

You can also file a complaint with your state’s labor commissioner. State agencies can also assist with the enforcement of anti-retaliation laws. Keep in mind that laws and procedures can vary by state and situation. Consulting with a qualified attorney will ensure you receive advice tailored to your specific circumstances. Acting quickly is essential to protect your rights!

Proving Retaliation: What You Need to Know About

To prove retaliation, you’ll need to show a link between your complaint and the negative actions taken against you. Here’s how this could be done:

Gather evidence: Keep track of emails, documents, and any changes in your work situation before and after your complaint.
Track patterns: Document any negative changes in your workplace, like poor performance reviews, shift changes, or exclusion from meetings.
Compare treatment: If other employees in similar situations weren’t treated the same way, this could strengthen your case. For example, if another coworker who didn’t file a complaint continues to receive positive reviews while you do not, it could indicate retaliation.

The more evidence you have, the stronger your case will be. If your employer refuses to correct the situation, you may need to take your case to the EEOC or a lawyer. Additionally, filing a civil suit can help uncover underlying motives behind employer actions and seek justice and compensation.

Seeking Help and Support

If you are experiencing retaliation in the workplace, it is essential to seek help and support from qualified professionals. Here are some resources you can turn to:

The Equal Employment Opportunity Commission (EEOC): The EEOC is responsible for enforcing federal laws that prohibit employment discrimination and retaliation. You can file a complaint with the EEOC online or by contacting your local EEOC office.
Employment lawyers: An employment lawyer can provide guidance on how to build a strong case and protect your rights under federal law. They can also represent you in court and negotiate a financial settlement on your behalf.
Employee assistance programs (EAPs): Many employers offer EAPs that provide counseling and support services for employees who are experiencing workplace issues, including retaliation. These programs can offer confidential support and resources.
Support groups: Joining a support group can provide you with a safe and confidential space to share your experiences and connect with others who have gone through similar situations. Support groups can offer emotional support and practical advice.

Remember, retaliation is a serious issue that can have severe consequences for your career and well-being. Don’t hesitate to seek help and support if you believe you have been retaliated against by your employer.

Compensation in a Retaliation Dispute

Just as employees are protected from retaliation, job applicants are also safeguarded from discrimination and retaliation during the hiring process. If you succeed in a retaliation case, you could be entitled to several types of compensation, known as “damages,” for the losses you’ve experienced due to your employer’s actions. Here’s a breakdown of the most common types of damages you may be able to recover:

Lost Wages

If you were demoted, fired, or had your pay cut because of retaliation, you could seek “back pay,” which covers the wages you lost from the time the retaliation occurred until now. Additionally, if you’re not reinstated to your former position, you may be eligible for “front pay,” which compensates for future lost earnings. In some cases, you might also be able to show that the retaliation has negatively impacted your future career prospects, making it harder for you to find work down the line.

Lost Benefits

If your demotion or pay cut resulted in the loss of benefits, such as health insurance, bonuses, or 401(k) contributions, you can seek compensation for these losses. Benefits tied to your hours worked, like vacation time, may also be recovered if they were reduced due to the retaliatory action.

Pain and Suffering

Retaliation often causes emotional distress, such as stress, anxiety, or damage to your reputation. While these types of damages don’t have a clear dollar amount, they are referred to as “pain and suffering.” To prove emotional harm, a mental health expert may need to testify about the impact the retaliation has had on you. The amount awarded for pain and suffering is ultimately up to the jury, but a lawyer can give you a rough idea based on similar cases.

Punitive Damages

Punitive damages are designed to punish an employer for particularly harmful or reckless behavior. These damages are rare and only awarded in extreme cases where the employer’s actions were especially egregious. Winning punitive damages requires a higher burden of proof, and like pain and suffering, the amount awarded is decided by the jury.

Each case is unique, and the compensation you receive will depend on the specifics of your situation. A lawyer can help you understand what types of damages you may be entitled to and guide you through the legal process.

How Much Time Do I Have to Sue for Retaliation?

You generally have 180 to 300 days to file a retaliation complaint with the EEOC, depending on your state. It’s important to act quickly because missing this deadline could mean losing your right to file a claim.

After filing with the EEOC, they will investigate the situation. If you choose to pursue further legal action, a lawyer can help you navigate the process. If you’re dealing with retaliation at work, don’t wait.

Contact 1-800-THE-LAW2 for a Free Legal Consultation

Dealing with workplace retaliation can be overwhelming, and navigating the legal process can bring unique challenges. That’s why it’s crucial to have an experienced employment lawyer by your side to guide you through your options and help you protect your rights.

Contact 1-800-THE-LAW2 for a free consultation with a qualified attorney in our network. During this initial consultation, you’ll be able to discuss the details of your retaliation case and explore the best course of action. Don’t wait—call us today to get started with your free case evaluation!

We’re here to help you every step of the way.

Reporting Unfair Treatment at Work | Employment Discrimination Lawyer

All employees in America have the right to do their job in a safe environment, free from unfair treatment at work. Unfortunately, not all employers live up to this expectation. Instead of providing equal treatment in the workplace, employers often disrespect and discriminate against their employees. At times, they overlook qualified employees for promotions, and even, engage in sexual or workplace harassment.

It’s important to understand that these actions are unacceptable, and possibly illegal. If you experience harassment or discrimination in the workplace, then you may have a claim for damages under law.

Let’s take a closer look at mistreatment at work and how to report your job for unfair treatment.

How do you tell if you are being treated unfairly at work?

The scope and scale of unfair workplace treatment is vast. Any behavior that seems questionable, disturbing, or that makes you feel uncomfortable should result in an investigation.

Mistreatment, even by a colleague, is a common occurrence and a demoralizing experience. Thousands of employees everyday, face harassment, discrimination, and other illegal job-related actions across the United States. You don’t have to stay a victim. Take steps to report the issue and secure your rights under the law.

Examples of Being Treated Unfairly at Work

What is an example of unfair treatment at work? Unfair treatment at any place of employment can express itself in many different ways, from wage discrimination to gender inequality, favoritism, violence, workplace bullying, and verbal abuse. Signs of unfair treatment at work are:

Discrimination due to race, gender, age, disability, religion, sexual orientation, or any other protected characteristic
Spreading false rumors
Pay disparities despite equal qualifications and experience
Refusing reasonable accommodations for disabled employees
Any instances of sexual harassment
Punishing those who take parental leave by docking pay or terminating employment
Laying off older workers to hire new, younger employees at lower pay
Facing employer retaliation after resignation or reporting unfair treatment
Being wrongfully terminated without reason
Forced to work in unsafe conditions

What is Title VII of the Civil Rights Act of 1964?

Title VII of the Civil Rights Act of 1964 is a landmark piece of federal legislation that revolutionized workplace rights in the United States. This crucial part of the Civil Rights Act focuses on preventing employment discrimination and promoting equality in the workplace.

The Essence of Title VII

Prohibition of Discrimination: Title VII explicitly prohibits employment discrimination based on race, color, religion, sex, or national origin. This covers a wide range of employment practices, including hiring, firing, promotions, salary, and training opportunities.
Creating an Inclusive Work Environment: The Act was designed to create a more inclusive and fair work environment for all, ensuring that employees are judged on their abilities and qualifications rather than personal characteristics unrelated to job performance.

Enforcement and Compliance

Role of the EEOC: The enforcement of Title VII is primarily handled by the Equal Employment Opportunity Commission (EEOC). The EEOC investigates discrimination complaints, mediates disputes, and enforces the laws against workplace discrimination.
Legal Recourse: Under Title VII, employees who face discrimination have the right to file a complaint with the EEOC. If the EEOC’s intervention doesn’t resolve the issue, employees can pursue legal action in federal court.

Expanded Protections

Sex Discrimination: While Title VII originally prohibited discrimination based on sex, its interpretation of protected classes has expanded over time. For instance, it now includes protection against sexual harassment and pregnancy discrimination.
Religious Accommodation: Title VII also requires employers to reasonably accommodate employees’ religious practices unless doing so would cause undue hardship on the business.

Impact on Employers

Policies and Training: Employers are encouraged to develop and enforce policies that promote a discrimination-free workplace. Regular training and awareness programs can help in preventing violations of Title VII.
Liability for Discrimination: Employers can be held legally responsible for discriminatory practices, whether intentional or due to neglect in enforcing non-discriminatory policies.

Title VII of the Civil Rights Act of 1964 remains a cornerstone in the fight against workplace discrimination. It not only provides a legal framework for addressing grievances but also fosters a culture of equality and respect in the work environment. Understanding Title VII is essential for both employers and employees to ensure a fair, productive, and legally compliant workplace.

What do you do if you are mistreated at work?

Many workplaces have a formal complaint system for these issues. To ensure that documented evidence exists of a formal complaint, it is important to report any problematic actions that happen on the job. Usually, this step of reporting unacceptable or unprofessional behavior happens with your manager or Human Resources.

That being said, we encourage you to get in touch with a qualified attorney as soon as possible, even better if you do it before submitting the complaint. A labor and employment attorney can help you submit a well-documented report. Should the situation evolve into a lawsuit, you will then have a stronger case.

Document the Event

If you received mistreatment, the first step is: document the event as thoroughly as possible. Record the date, time, details, and names of everyone involved. Do the same for subsequent cases, if and when they occur. Document the information during or directly after the event so the details are as accurate as possible.
Next, save copies of memos or emails that exhibit illegal or unfair practices.
To support your claim, the last step is: ask witnesses to record their observations of what happened to support your claim.

All additional evidence you gather can help your eventual legal case. It is not uncommon to file a lawsuit against an employer, so don’t be nervous. This is your right.

How to Report Your Boss for Unfair Treatment

File a Complaint with Human Resources (HR)

Report instances of unfair treatment to the Human Resources Department (or another authority figure in management). The formal letter of complaint should describe the event completely, but concisely. Stay on target and include only information relevant to the event. Alerting HR to the problem is usually a required step if you plan to later file a lawsuit.

How to Write a Formal Complaint Letter

In the formal complaint letter, you may:

Identify helpful actions that can lead to a resolution.
Refrain from making threats or getting angry.
Keep a calm demeanor and offer reasonable solutions where appropriate.

If the complaint ends up becoming a legal matter, any poor behavior on your part could be used against you. As such, it’s important to consult an experienced attorney for guidance before you file a complaint.

How to Report an Employer for Unfair Treatment

If you’re facing unfair treatment in your workplace, it’s essential to know the right steps to take to protect your rights. One effective course of action is to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that enforces laws against workplace discrimination and can be a powerful ally in your quest for justice.

Understanding the Role of the EEOC

The EEOC’s main role is to investigate discrimination claims against employers. Whether you’re facing issues related to race, gender, age, disability, or any other form of discrimination, the EEOC can step in to assess your situation.

If your complaint escalates into a discrimination claim, the EEOC or your attorney can help you navigate the legal process. They can advise you on the likelihood of success and what to expect as your case progresses.

Remember, reporting unfair treatment is not just about addressing your personal situation; it’s about ensuring a fair and equitable workplace for everyone. The EEOC and legal professionals are there to help you stand up against injustice and seek the resolution you deserve.

File an EEOC Complaint

An employee that has been subject to any type of job discrimination or mistreatment may also file an EEOC complaint. The EEOC, or Equal Employment Opportunity Commission, accepts complaints filed in person or by mail with the nearest office. In addition to victims, witnesses of unfair treatment can also file a formal complaint.

Include the following information in your documentation:

Personal details of the person mistreated. Include their full name, number, and address.
Name and contact information for the employer the complaint is against.
Description of the unfair events and the dates they happened.

To prevent the situation from escalating further, speak up. If you feel like your complaint is not being addressed, or that you can’t speak with management at your work, talk with an employment attorney for legal advice on how to proceed.

Filing a Complaint with the EEOC

Gather Evidence: Before you file a complaint, collect any evidence that supports your claim. This could include emails, witness statements, or any records of unfair treatment.
Submit Your Complaint: The process of filing a complaint with the EEOC is straightforward but requires attention to detail. You’ll need to provide your personal details, information about your employer, and a clear description of the discriminatory events and their dates.
Review Process: Once your complaint is filed, the EEOC will review it to determine if there’s sufficient evidence to proceed. They may conduct an investigation to gather more information.

How to Sue a Company for Unfair Treatment

Considering Legal Action

While the EEOC plays a vital role, sometimes taking legal action is necessary. If you believe your case is strong, consulting with an employment attorney can provide you with additional options and strategies. An attorney can guide you through the complexities of employment law, help you understand your rights, and determine the best course of action for your situation.

Not all situations that are “unfair” are actually illegal. So, it is important to know what is employee mistreatment is within Employment Law and At Will Employment.

For example, you were passed over for a promotion or assigned to a different shift. These events are frustrating, but they do not necessarily qualify as discrimination.

At Will Employment States

Not all states are at will employment states. For those that are, employers can fire employees without notice or reason. Some exceptions apply, like if an employer violates an employment contract or state or federal employment statute.

Regardless if the state is California, Texas, or another state, there’s some behavior that employers cannot express. One example of this is: discrimination based on protected characteristics. Your state may include additional protections beyond federally mandated requirements, so it is important to know the laws in your state. To learn your state’s labor laws, read compliance guidelines and ask the appropriate authorities questions.

Contact Our Experienced Labor Attorneys for a Free Consultation

If you’ve faced unfair treatment in the workplace, you should seek the counsel of an experienced employment and labor attorney to discuss your concerns. A lawyer will be able to help you decide whether you should file a lawsuit and assess the likelihood of success.

Experienced attorneys also have the knowledge and expertise necessary to advise you on the best course of action. They can guide you through the litigation process, help collect necessary documentation, and improve your chances of winning the lawsuit.

Know your rights and don’t settle for being mistreated.

Call 1-800-THE-LAW2 for a free and confidential consultation with an attorney in our network. We’ll connect you in just 10 minutes or less.

How to Prove Retaliation in the Workplace | Labor and Employment Attorney

In the American workplace, you have a right to complain about unlawful or illegal activity. Many people hold their tongue because they fear the consequences. In fact, this right protects you from many of the consequences you fear. Your rights protect you from dealing with retaliation in the workplace from your boss.

That’s right. Your employer cannot do anything about it. If they try to punish you for it, then you can sue pursuant to a “retaliation” claim. If your employer chooses to take action against you for reporting harassment, mistreatment, discrimination or the like, you could have a retaliation case on your hands.

It isn’t enough to state that you are experiencing harassment in the workplace. You must provide documentation and show proof.

How do you prove retaliation in the workplace? You should consult a lawyer to help you gather evidence and discuss your legal options. An employment lawyer can help evaluate a retaliation case. They will assist you in documenting and providing evidence to support your claim.

Topics and questions this article will help you to answer:

What is workplace retaliation
What makes a strong retaliation case
Evidence to support your claim
Documentation needed to defend retaliation claims
Signs of retaliation at work
How to document retaliation at work
Find an Employment Lawyer to Help in a Retaliation Claim

What is Workplace Retaliation?

Retaliation in the workplace is defined as an employer that takes adverse actions against an employee who:

Reported an incident
Served as a witness
Participated in an investigation about an unlawful employment practice

What are the key elements that constitute retaliation?

Protected Activity

Filing or participating in the complaint process.

Adverse action

Includes promotion denial, reduction in benefits or pay, threats, and harassment.

Causal Connection

Evidence an employer took an action against the employee who reported the incident.

Retaliation in the Workplace: Examples of Retaliatory Behavior

There are many different ways in which an employer can retaliate against an employee. Some of the signs of retaliation at work are:

Termination
Demotion
Layoffs
Constructive discharge
Withholding promotions
Blacklisting
Transfer to an inconvenient work location
Negative change in duties or work responsibilities
Denial of OT
Denial of PTO
Decrease in compensation
Denial of benefits
Threats and intimidation
Formal reprimands
Creation of a hostile work environment
Written or online harassment

Some workplace environments can be toxic, which pushes employees to take outside legal action. This is especially important if the employee faced retaliatory action for reporting unlawful behavior. Post retaliation, the employee should speak to a lawyer who can evaluate their case and guide them on next steps.

A labor and employment lawyer meets with a client

What Makes a Strong Workplace Retaliation Case?

In order to succeed in proving retaliation, you’ll have to prove the following:

You experienced harassment or discrimination
You reported the unlawful behavior to HR
Your employer engaged in an adverse employment action as a result

Whether your original claim of harassment or discrimination was “true” is irrelevant. All that matters for retaliation is that your employer punished you for complaining or reporting those problems.

Putting together a strong case requires documentation needed to defend retaliation claims, including:

What occurred
When it happened
How long it’s been going on
Who was involved, and
The outcome

How to Prove Retaliation in the Workplace in California: Evidence

The evidence you can provide in a workplace retaliation case is key to advancing your legal claim in California. To help substantiate the claim, you will need as many documents as possible. They will also help to connect the dots for your lawyer, and for the opposing side, too.

Evidence varies, but to help support your workplace retaliation case, consider the following:

Emails
Voicemails
Text messages
Witness corroboration
Notes and letters
Recorded conversations

When it comes to recordings, be careful. In some jurisdictions, it is illegal to record people without their consent. You’ll want to consult your attorney about what evidence you can use, and what evidence will have to be “thrown out.”

Prove Workplace Retaliation Through Documentation

Once you suspect you may be a victim of workplace retaliation, document everything. Be certain you have documented the incident with your labor law and employment attorney.

Though a labor attorney can help with this process, make sure you have reported the issue to your employer and to the HR department. For example, you can file a complaint, send an email to HR, or involve a third party. Anything that will help to prove your case will be useful here.

Make sure your employer is aware of the situation. You should include them in emails and send them a copy of the report you are filing. Be sure to confirm that you have proof that retaliatory action was taken.

Keep a Record of Everything

At some point, you may not have access to your work-issued laptop or other equipment. As such, it is useful to save a copy, digital or physical.

HR departments have a responsibility to avoid unlawful behavior. That being said, if your claim goes unresolved, an employment lawyer can get you the legal assistance you need. An employee discrimination lawyer understands the repercussions of retaliation. They can make sure the behavior and activity no longer persists.

Find an Employment Lawyer to Help in a Retaliation Claim

If you are a victim of retaliation, then it’s a good idea to contact an experienced employment lawyer. An experienced professional can handle your case and help you attain the compensation you deserve. We encourage you to get started as soon as possible.

Contact 1-800-THE-LAW2 today for a free and confidential consultation. We will help you connect with an attorney in under ten minutes.