Retaliation can leave its victims facing financial losses, emotional distress, and other hardships.
In this article, you will learn what employer retaliation is, the different forms it can take, and the steps you can take to protect yourself if you believe your rights have been violated.
What is Employer Retaliation?
Employer retaliation is a form of illegal punishment in which an employer subjects their employee to negative repercussions for speaking up or enforcing his or her legal rights. Retaliation protection can encompass reporting incidents of harassment, discrimination, and other federally-protected activities that the employee has experienced or witnessed.
Retaliation may be in the shape of demotion, dismissal, poor evaluations, or any other type of hostile action taken by a manager towards said staff member. Sometimes retaliation is done in more subtle ways such as changing a preferred shift (switching from day shift to night shift), decreasing the amount of overtime, or generally negatively changing the working environment. This harmful issue affects many people working today and needs to be addressed accordingly.
In order to be successful in a claim of retaliation, three elements must be established: (1) the employee engaged in a protected activity, (2) the employer took an adverse action against the employee, and (3) there is a causal connection between the protected activity and the adverse action.
Examples of Retaliation
Oftentimes, it is hard to recognize whether you have been a target of employer retaliation or not due to the subtlety that may be involved.
While some forms of retaliation are blatant and glaringly obvious, there are other instances where the retaliatory behavior can be more subtle.
Retaliation can take many forms and can be difficult to identify. It is important for employees to be aware of the various examples of retaliation in order to protect themselves from illegal actions by their employers.
- Demotion: A demotion is when an employee is downgraded from their current position to a lower position within the company. This can often involve a decrease in salary or benefits, as well as a reduction in job responsibilities.
- Termination: Termination is the act of dismissing an employee from their job. This can occur for a variety of reasons, but if an employee believes that they were terminated as a form of retaliation, they may have a valid claim.
- Threats or Intimidation: Threats or intimidation refer to any behavior that is intended to intimidate or scare an employee. This can include physical threats, verbal threats, or other forms of bullying.
- Transfer to a Less Desirable Position: A transfer to a less desirable position is when an employee is moved from their current position to a new position within the company that is less desirable in terms of salary, benefits, or job responsibilities.
- Unjustified Negative Evaluations or Job Performance Criticism: Negative evaluations or criticism from an employer can be a form of retaliation if they are unjustified. If an employee believes that they are receiving negative evaluations or criticism as a form of retaliation, they may have a valid claim.
- Withholding Promotions or Opportunities for Advancement: Withholding promotions or opportunities for advancement refers to when an employer denies an employee the chance to advance within the company. This can be a form of retaliation if the denial is unjustified.
- Unlawful Discrimination or Harassment: Unlawful discrimination or harassment refers to any behavior that is discriminatory or harassing in nature. This can include harassment based on race, gender, religion, or other protected characteristics.
The Three Elements of Retaliation
In order to be successful in a claim of retaliation, three elements must be established. These elements are (1) protected activity, (2) adverse action, and (3) causal connection.
- Protected Activity: The first element that must be established in a claim of retaliation is protected activity. This refers to any activity that is protected under state or federal law, such as reporting harassment or discrimination. Protected activity can also include asking questions about wages or working conditions.
- Adverse Action: The second element that must be established in a claim of retaliation is adverse action. This refers to any action taken by the employer that is intended to harm the employee. This can include termination, demotion, negative evaluations, or other forms of retaliation.
- Causal Connection: The third and final element that must be established in a claim of retaliation is a causal connection between the protected activity and the adverse action. This means that there must be a direct link between the employee’s protected activity and the employer’s adverse action. The causal connection can be established through evidence of timing, circumstances, and statements made by the employer.
What are Some Common Signs of Retaliation?
Spotting the signs of retaliation can be difficult, as they often take the form of subtle behaviors or actions. However, there are some common signs that an employee may be experiencing retaliation at work.
Note: Speaking with an employment attorney is the best way to determine if you have a valid claim of retaliation. An employment attorney can review your situation and provide guidance on the best course of action.
The following are common signs of retaliation that employees should be aware of:
Change in Treatment: A sudden change in treatment by an employer can be a sign of retaliation. This can include a decrease in hours, a reduction in pay, or a change in job responsibilities.
Negative Evaluations or Job Performance Criticism: Unjustified negative evaluations or criticism from an employer can be a sign of retaliation. If an employee believes that they are receiving negative evaluations or criticism as a form of retaliation, they may have a valid claim.
Threats or Intimidation: Threats or intimidation by an employer can be a sign of retaliation. This can include physical threats, verbal threats, or other forms of bullying.
Transfer to a Less Desirable Position: A transfer to a less desirable position can be a sign of retaliation. This can occur when an employee is moved from their current position to a new position within the company that is less desirable in terms of salary, benefits, or job responsibilities.
Denial of Promotions or Opportunities for Advancement: Denial of promotions or opportunities for advancement can be a sign of retaliation. This can occur when an employer denies an employee the chance to advance within the company.
Who can be liable for Retaliating against an Employee?
When your boss, supervisor, manager, or anyone with authority over you retaliates against you, the company is on the hook. However, the analysis of who may be further liable does not end there.
Labor Code section 558.1 provides that an employer “or other person acting on behalf of an employer” who violates or causes a violation of certain laws can be held liable. What this means the company that employs you as well as possibly the individual can be personally liable.
Labor Code section 1102.5(a) expressly states: “An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information or because the employer believes that the employee disclosed or may disclose information…” (emphasis added).
Are You a Victim of Retaliation?
If you believe that you are a victim of retaliation, it is important to take action. The California employment attorneys at Eldessouky Law are experienced in handling claims of workplace retaliation and can provide you with the legal representation you need to protect your rights. Contact us today for a free consultation.
Our California Retaliation Attorneys Can Help
Retaliation can leave its victims facing financial losses, emotional distress, and other hardships.
If not handled correctly, retaliation can have a lasting impact on an employee’s career. The California retaliation attorneys at Eldessouky Law are experienced in handling claims of workplace retaliation and can provide you with the legal representation you need to protect your rights. Contact us today for a free consultation. We will review your case and provide you with guidance on the best course of action for pursuing a claim.
Contact our office at 714-409-8991 or fill out one of our contact forms online.
