What exactly is workplace retaliation and what should you do if it happens to you? Well, the first thing you need to do is contact an attorney. Workplace retaliation may be illegal and if you have been a victim, you may have a case against your employer. A lawyer for workplace retaliation in Fairfax VA can help you understand your rights and ensure they are protected.
What is Workplace Retaliation?
Retaliation occurs when an employee is punished for engaging in a legally protected activity. The key here is “protected activity.” Retaliation for non-protected activity is legal! Knowing the difference is critical and can be a gray area.
What is retaliation? It can include any negative job action like demotion, salary reduction, discipline, shift reassignment, or even firing. But it can also occur in more subtle ways that are hard to prove.
For example, a change in job shift might not be an issue for many employees, but it would be a significant hindrance for a parent with young children and a less flexible schedule. Any action from an employer that would deter a reasonable person from making a complaint constitutes illegal retaliation.
What Incites Retaliation?
Federal and state laws protect employees who are exercising certain rights. The following are some examples of protected employee activities. Any of these may incite retaliation from your employer depending on the circumstances.
- Speaking out against or reporting sexual harassment or discrimination
- Requesting religious or disability accommodations
- Reporting illegal activity
- Filing workers’ compensations claim
- Questioning an employer’s immigration policies
- Serving as a witness against your employer
- Engaging in certain workplace organizing activities
- Resisting sexual advances by a co-worker or supervisor
- Taking lawfully entitled leave
- Refusing to engage in discrimination in the workplace
- Filing a complaint with the EEOC or Labor Commissioner
[Related: Disability Discrimination Lawyer]
Signs of Retaliation in the Workplace
Federal and state law protects employees from obvious retaliation, but it can be harder to recognize subtle forms. Here are some signs of retaliation.
- Demotion
- Excessive micromanagement
- Salary reduction or loss of hours
- Passed over for promotions or raise
- Denied opportunities such as educational benefits, conferences, etc.
- Exclusion from meetings, trainings, or workplace social events
- Reassignment
- Bullying or harassment
- Termination
Retaliation Lawyer in Fairfax Virginia
If you have been the victim of retaliation in the workplace, you need to speak to an attorney. This activity by your employer is illegal and he/she needs to be held responsible.
If you are in need of an attorney’s advice, please contact Cook, Craig, and Francuzenko today. Our firm has attorneys who specialize in a variety of practice areas. With over 100 years of combined experience, we are seasoned professionals ready to help you.
