Workplace retaliation might not always be immediately obvious. Learning how to recognize the signs could help you protect your rights and take appropriate action if you find yourself in an uncomfortable situation at work.
What is workplace retaliation?
Workplace retaliation occurs when your employer punishes you for engaging in legally protected activities. Some examples of protected activities may include:
- Filing a discrimination complaint
- Reporting safety violations
- Requesting reasonable accommodations
- Participating in workplace investigations
To qualify as legal retaliation, your employer’s action must generally have a material and adverse effect on the terms of your employment.
What are some common forms of retaliation?
Retaliation comes in many forms. It can affect your pay, your position or how you do your job. It does not have to be obvious or extreme to count. Examples of retaliation may include:
- Receiving poor performance reviews after years of positive feedback
- Being left out of important meetings or projects you previously handled
- Experiencing unwanted schedule, shift or workplace changes
- Being passed over for promotions you were previously promised
- Facing punishments for minor issues that others do not face
- Being held to a higher standard than other employees
In California, employers may be held responsible for retaliatory harassment. This happens when they mistreat you or let coworkers mistreat you because you reported a problem.
What options do you have?
If you believe you are experiencing retaliation, document everything carefully. Keep records of emails, performance reviews, schedule changes and any conversations related to protected actions you take. It may also help to take note dates, times and witnesses of specific incidents. Consider reporting the retaliation through your company’s internal complaint process if you feel safe doing so.
Keep in mind that retaliation claims require you to establish a connection between your protected activity and your employer’s adverse response. The closer in time these events occur, the stronger the potential connection appears.
However, timing alone does not typically determine whether you have experienced illegal retaliation. Retaliation can also happen weeks or months after you file a complaint or report. If this happens, California law could protect you. If an employer takes adverse action within 90 days of your protected activity, the court generally assumes it is retaliation unless your employer can prove otherwise.
Protecting yourself from retaliation
Recognizing the signs of workplace retaliation could help you protect yourself and your job. Your willingness to stand up for yourself and other people should not cost you your livelihood or peace of mind. Trust your instincts when something feels wrong, and remember that the law can protect you when you exercise your rights.