Employees have the right to speak out when they see illegal activities going on in a workplace. They also have the right to do certain things, such as take leave, that are allowed by law. All of those things are considered protected activities.
When an employee engages in a protected activity, they have specific rights and protections. One of these is that they can’t face retaliatory actions by their employer.
What is retaliation?
Retaliation means that the employer does something that’s considered a negative employment action that’s done directly in response to the protected activity. These can be overly obvious, such as termination or a reduction in pay. It can also be more subtle, such as bypassing the employee for preferred projects.
There are some other forms of retaliation that might occur, so employees should be sure they’re paying close attention to what’s going on. In some cases, the retaliation can involve giving the employee an unfavorable review that’s unwarranted or failing to tell them about critical meetings.
What is the limit on what’s considered retaliatory?
Employer retaliation only occurs when it’s because of the protected activity. Employees can still be disciplined for matters unrelated to the protected activity. In those cases, the discipline must be the same as what another employee who did the same thing would face.
Employees who believe they’re being retaliated against should determine if they want to pursue legal action against their employer. These cases can be challenging, so having the assistance of someone familiar with these matters may be beneficial.