The law protects workers in a variety of situations. Employers typically need to adhere to safety standards. They need to prevent harassment and discrimination in the workplace. If workers have disabling medical conditions, accommodations might be necessary.
Employees have the right to report issues to their employers and to assert their rights, such as the right to take unpaid leave or the right to a harassment-free workplace. Employers should not punish employees by retaliating against them for using their rights. Workers who can recognize retaliation can hold companies accountable for mistreating them.
How does retaliation often manifest? Let’s look at a few examples.
1. Through unfavorable transfers
A first-shift worker suddenly moved to second shift after complaining about sexual harassment may have experienced retaliation. An employee suddenly transferred to a different department or even a different facility without requesting the transfer may also have experienced retaliation. Unfavorable transfers are a common way to punish workers for asserting their rights and to deter others from following their example.
2. Through questionable discipline
Employers may become incredibly pedantic toward workers who assert their rights on the job. All of a sudden, the employee may get written up for infractions that previously were not an issue. Their supervisor may punish them for violating rules that they don’t enforce toward other workers. Inappropriate disciplinary actions or poor performance reviews are common forms of retaliation.
3. Through wrongful termination
Employers may look for an excuse to terminate a worker after they assert their rights. A sudden termination immediately after requesting unpaid leave or reporting harassment could potentially be a wrongful termination. Companies cannot just fire workers who act as whistleblowers or assert their rights.
Recognizing retaliation as a violation of employment laws can help workers stand up for themselves. Employees can fight back against unfair retaliation if they know their rights and have appropriate support.
