Managing disputes between employee and employer can be a complex and highly emotional process that may require critical legal help from an employment litigation lawyer people rely on. As our own family law lawyers know, a toxic workplace can be extremely hard on the entire family. Retaliation is problematic and unlawful behavior that may occur when an employee engages in a protected employment activity. There are several reasons an employer may retaliate against an employee, and it’s vital to ensure that despite an employee filing a complaint against them, they, by law, must still treat them fairly. There are several ways in which a person may experience job retaliation. As Eric Siegel Law will share, a lawyer can assist victims of workplace retaliation by helping to prove the claim, file a complaint with the EEOC, and even take legal action.
Reasons for Retaliation
When experiencing retaliation, it can be challenging to understand why an employer would treat their employees in such a way, especially considering that it is illegal and there can be harsh consequences. Retaliation is one of the top forms of workplace discrimination that employees stand to experience. One of the most common reasons employees will face retaliation in the workplace is for standing up to a manager or co-worker by asking for specific treatment (like harassment or discrimination) to stop. The behavior surrounding retaliation can be pronounced, but in other situations, it can be more subtle and challenging to pinpoint.
Types of Workplace Retaliation
Many employees may be unaware that laws protect them from harassment, discrimination, and more. Because of this, employees who are not aware of their rights may not realize that should they file a complaint with their employer, they are protected from retaliation as a result. Unfortunately, retaliation for engaging in a protected employee activity is still a common occurrence that can significantly impact a person. Common types of workplace retaliation include:
- Job Loss
- Pay Decreases
- Denial of Promotions
- Being Left Out of Key Meetings
- Change in Work Hours
- Verbal Abuse
- Poor Job Performance
Adverse actions like these can make the workplace unbearable and stressful and even impact the victim’s performance. When someone faces retaliation in the form of job loss or pay reductions, their ability to earn a living can come to a halt, which can further devastate the victim and their families.
Proving Retaliation with Help
To prove retaliation, it will be necessary to have a legal professional with experience in employment law providing representation. According to the EEOC, retaliation is a form of discrimination that is among the most highly reported. With help from a lawyer, an employee must prove that their employer’s actions towards them were retaliatory. You will need to link your engagement in the protected activity and the resulting retaliatory behaviors. To do this successfully, it will be necessary to gather as much evidence as possible, which may include: voicemails, text messages, emails, employee reviews, and more.
Engaging in this process can be challenging, and victims of retaliation shouldn’t endure this on their own. Contact an employment litigation lawyer near you for help if you are experiencing any sort of issue in the workplace.