Workplace Retaliation

Workplace retaliation happens when an adverse employment action is taken against an employee who engaged in a protected activity such as complaining of discrimination, harassment, or a violation of workplace law.  It is also retaliation for an employer to take adverse employment action against an employee who participates in an investigation of problems in the workplace.  An adverse employment action can be taken by the employer, manager, or fellow employees.

Some of the more common examples of adverse employment actions include the following:

  • Termination of employment

  • Demotion in pay or status

  • Discipline against employee

  • Negative evaluations against the employee

  • Decrease in pay and/or benefits

  • Change in job or shift assignment

  • Transfer of job to different location

  • Hostile behavior or attitude towards employee

Retaliation is illegal when an adverse employment action is done as a reaction to:

  • Complaints against sexual harassment

  • Complaints against discrimination

  • Claims regarding wage and hour issues such as pay and overtime pay

  • Claims for meal and rest breaks

  • Whistleblower actions

  • Using Family and Medical Leave (FMLA) 


What to do if you are subject to retaliation in the workplace

If you are the victim of retaliation in the workplace, the first step is to notify your employer.  Be sure to review your employee handbook to see what policies and procedures your company has regarding workplace retaliation and the appropriate person to contact regarding your complaint.  If the offender is your supervisor, you will need to tell the offender’s supervisor or your company’s human resources department.  It is important to communicate in writing – preferably on company email – in order to establish that you made a complaint and the company knows about the retaliatory behavior.  Be sure to document any responses you receive from your company regarding the results of any investigation related to your retaliation claim.  

In the event that you have told your company, but the retaliatory behavior continues, you should immediately consult with an experienced attorney to discuss any legal actions you can take against your employer.  At this point, it is also important that you start documenting and collecting information about any retaliatory actions against you by your employer.  This includes emails and other written testimony that support your claims.  Also, other employees that have knowledge of retaliatory actions are extremely helpful.

The next step will be to file a complaint with the EEOC and FDEH.  Typically, they will issue you with a right to sue after an investigation.  Once you have received your right to sue letter, you may file a lawsuit.

Victims of workplace retaliation may be eligible to receive compensation for lost wages and emotional suffering.  The attorneys at Employment Lawyers are experienced in workplace discrimination cases and are committed to helping employees who have been subject to retaliatory treatment at work.