If you are the victim of harassment or discrimination at work, you have every right to speak up and communicate this to your employer. However, it is important to be aware that your employer may retaliate against you for doing so. This blog will detail employer retaliation, explaining what it means. Furthermore, it will provide common examples of how retaliation may take place.
What is Employer Retaliation?
Employer retaliation is any action taken by an employer against an employee who has reported or complained of misconduct. This may include demotion, termination, denial of benefits, or reassignment to a less desirable position. Retaliation can also include intimidation, threats, or verbal abuse.
Common Examples of Employer Retaliation
One common example of employer retaliation is a demotion. This may occur when an employee reports harassment or discrimination and is reassigned to a lower position within the company.
Another common example is termination. This may occur when an employee reports misconduct and is then fired from their job. This type of retaliation is often referred to as "getting the axe."
Lastly, intimidation is also a form of employer retaliation. This may involve an employer making threatening comments or gestures towards an employee who has reported misconduct.
Seeking Legal Guidance
Retaliation in the workplace is a serious issue that should not be taken lightly. As an employee, you have the right to speak out against mistreatment or conduct issues within your place of employment. If you have been the victim of employer retaliation, you may want to consult an experienced attorney who can help you understand your rights and options under the law. The team at Michel | King is here to provide residents of Birmingham with the legal employment advice they need.
Retaliation after reporting misconduct is not okay. When you need a legal team to help fight actions from your employer, you can count on us. Contact the team at Michel | King today for a consultation.
FAQs
Retaliation occurs when an employer punishes an employee for engaging in legally protected activity. Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment. But retaliation can also be more subtle.
What are examples of retaliation in the workplace? ›
reprimand the employee or give a performance evaluation that is lower than it should be; transfer the employee to a less desirable position; engage in verbal or physical abuse; threaten to make, or actually make reports to authorities (such as reporting immigration status or contacting the police);
What are the three elements of retaliation? ›
Per federal case law and regulatory agency guidance, there are three essential elements in a claim of retaliation:
- Protected activity.
- Adverse action.
- Causal connection.
Under the current law, a retaliation claim includes three stages of a shifting burden of proof: (1) the employee must establish a prima facie case of retaliation; (2) the employer must identify a legitimate, non-retaliatory reason for their act(s); and (3) the employee must prove that the employer's non-retaliatory ...
What makes a strong retaliation case? ›
Adverse actions can include termination, demotion, reduction in pay, or other negative consequences. In order for an employee to have a strong retaliation case, they must be able to prove that the adverse action was a direct result of their protected activity.
How do I prove my boss is retaliating? ›
How to Prove You Are Being Retaliated Against
- Document Your Whistleblower Action. ...
- Get Every Instruction and Communication in Writing. ...
- Document Your Objection, Report, or Threat to Report. ...
- Request Permission to Record Meetings and Phonecalls. ...
- Keep a Journal of Unethical and Retaliatory Behaviors.
Winning a retaliation case can be daunting, but it is possible when you have strong evidence on your side. Your case is only as strong as the evidence you have. In other words, you need to substantiate your claim with facts and evidence.
Is retaliation hard to prove? ›
Proving retaliation is difficult but not impossible. In order to prove retaliation, you must show a link between your complaint and your employer's retaliatory behavior. This means collecting evidence of retaliation, including emails, eyewitness accounts and performance reviews.
How much is a retaliation lawsuit worth? ›
Discrimination and retaliation settlements can range from the millions to just a few thousand, or even less. There is no magic formula to figure out what your case is worth. And while every case is different, some factors come up in most cases. The amount of the employee's economic loss is always important to consider.
What are retaliation tactics? ›
This punishment can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment, as well as more subtle actions that may be detrimental to certain employees in specific circ*mstances.
An employee must first establish a prima facie case of retaliation by demonstrating that: (1) the employee engaged in a protected activity; (2) the employer engaged in an adverse action against the employee (such as a discharge, demotion, threat of discharge or demotion, suspension, pay cut, or reduced hours); and (3) ...
What is indirect retaliation? ›
Examples of indirect retaliation include isolating an employee from workplace activities, excluding them from important meetings, or providing them with less desirable assignments after they have engaged in a protected activity.
What is direct evidence of retaliation? ›
Generally, courts have defined direct evidence of retaliation as evidence which proves the existence of a retaliatory motive without inference or presumption.
What should I ask for in a retaliation settlement? ›
Employees who have experienced retaliation often ask for an award of "pain and suffering," which includes the negative emotions (including anger, embarrassment, frustration, and the like), reputational harm, and other negative consequences you've experienced as a result of the retaliation.
What is HR retaliation? ›
Workplace retaliation is when an employer or company leader takes negative action against an employee who files a formal complaint about workplace discrimination or harassment.
How much money is a hostile work environment case worth? ›
Average California Hostile Work Environment Payout
| Complexity of Case | Settlement Amount |
|---|
| Minor | Approximately: $10,000 – $50,000 |
| Moderate | Approximately: $50,000 – $250,000 |
| High | Approximately: $250,000 – $1,000,000+ |
Mar 4, 2024
Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment. But retaliation can also be more subtle. Sometimes it's clear that an employer's action is negative—for instance, when an employee is fired. But sometimes it's not.
Is it hard to prove retaliation? ›
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.
What is a subtle form of retaliation? ›
Isolation or the silent treatment might be a subtle sign of retaliation. Maybe the management has badmouthed you to your colleagues, or your supervisor has decided to squeeze you out of the company via isolation. The silent treatment can take various forms.
What are the rules of retaliation? ›
For example, it is unlawful to retaliate against applicants or employees for:
- filing or being a witness in an EEO charge, complaint, investigation, or lawsuit.
- communicating with a supervisor or manager about employment discrimination, including harassment.
