Employees have many rights related to their work conditions, some of which have to do with how they’re treated by employers. Within federal labor laws, there are specific things that workers are allowed to do. These protected activities include things like taking leave under the Family and Medical Leave Act, reporting unsafe work conditions, filing complaints about harassment or discrimination and several others.
For some employees, the thought of their employer’s reaction may be a factor that limits what rights they exercise; however, that shouldn’t be the case. Employers are legally forbidden from retaliating against employees simply because the employee did something that was legally allowed.
What is retaliation?
Retaliation is a negative employment action that’s taken in direct response to a legally protected activity. It can include subtle actions, such as failing to tell the employee about a meeting or more obvious actions like termination. Other possible actions include reducing their pay, moving the employee to a less desirable shift or giving them an unfavorable review that’s unwarranted.
It’s important to note that even if an employee participates in a protected activity, they must still follow the company’s rules and regulations, as long as those aren’t illegal. If the employee fails to follow them, normal disciplinary measures can occur as long as they are the same ones any employee would face.
Retaliation by an employer can have a profound impact on the employee. Taking legal action is possible, but can be complex. It’s best to work with someone who understands these cases so they can offer guidance throughout. There is a limited time to get this type of case filed so swift action is critical.
