What You Need to Know About Examples of Workplace Retaliation
Retaliation in the workplace can take many shapes and forms. Here are some examples of workplace retaliation.
Because workplace retaliation can be demonstrated in so many different ways, being aware of its different forms can help you to stay safe and informed of your rights within the workplace.
What is Workplace Retaliation?
Workplace retaliation occurs when an employer or coworker takes harmful action against an employee after said employee expresses their rights or refuses to participate in illegal activities on behalf of their employer or coworker. Workplace retaliation can include the employee getting fired, demoted, taking a pay cut, being refused to transfer positions, and more.
When these negative actions are taken and would deter a reasonable employee from continuing to complain or advocate for their work rights, retaliation is considered illegal.
What are Examples of Workplace Retaliation?
Workplace retaliation can be obvious or subtle. The following examples can have adverse effects on an employee and can be considered workplace retaliation if the action occurs after an employee advocates for their work rights or refuses to participate in illegal activities on behalf of their employer:
- Getting fired
- Getting demoted
- Taking a pay cut
- Being refused to transfer to a more desirable position
- Being scheduled in a way that is unreasonably inconvenient
- Receiving Disciplinary action
- Receiving a dramatic increase in workload
- Being excluded from meetings or correspondence that inconveniences your workload
- Being denied access to training or other resources
While this list is not exhaustive, it provides a general overview of actions that can be considered workplace retaliation.
Retaliation by Coworkers
Workplace retaliation does not only come directly from employers, but can also come from coworkers. While coworkers do not have the power to fire or demote an employee, they can express workplace retaliation in other ways, such as through excluding an employee from workplace activities or events, engaging in verbal abuse against the employee, or acting as if the employee does not exist.
Workplace Retaliation Laws
The California Labor Code Section 1102.5 states that employers cannot retaliate against employees who report suspected criminal activity by their employer, report suspected violations of regulations to supervisors of their employer, or provide information to or testify against their employer. Known as a “whistleblower” law, this law protects employees from getting fired or demoted, as well as less severe forms of retaliation.
The California Fair Employment and Housing Act (FEHA) also protects employees who oppose acts of or file complaints against harassment or discrimination from their employer, testify or assist in a proceeding against FEHA or request other workplace accommodations for their religion or disability.
The California False Claims Act gives employees the right to file a “qui tam” lawsuit against an employer who is committing acts of fraud, theft or embezzlement, and protects these employees from retaliation for filing or participating in a claim.
Related: How to Report Retaliation in the Workplace
Workplace Retaliation Cases
If an individual suspects that they are being retaliated against in the workplace, they should first reach out to their supervisor or a human resources specialist to inquire about the reasoning behind their employer’s recent actions. If the employer is unable to give a reasonable explanation for their actions, the individual could bring up their concerns about workplace retaliation and ask for them to stop. If the employer refuses to stop, the individual may have a case for workplace retaliation.
To demonstrate a case for workplace retaliation, the individual must show a link between their initial complaint and the actions of their employer. Evidence is important in demonstrating this link, so logging events through emails and other documents would be helpful in the case. The individual can also contact an employment lawyer.
Related: How to Prove Retaliation in the Workplace
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If you or a loved one has any more questions about examples of workplace retaliation, contact us. Get your free consultation with one of our California Employment Attorneys today!