Retaliation in the workplace occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. This includes filing complaints about discrimination, harassment, wage violations, or workplace safety concerns. It also applies to employees who refuse to engage in illegal activities or assert their rights under labor laws.
Retaliation can take many forms, including :
- Demotion: a reduction in rank, responsabilités, salary, commissions, bonuses, or seniority privileges can indicate retaliation.
- Passed over for promotion or raise: if an employee is denied a promotion, raise, or bonus despite being qualified and this occurs after filing a complaint or asserting workplace rights, it may be retaliatory.
- Denied opportunities: a sudden loss of access to training programs, conferences, travel benefits or professional organization memberships after an employee files a complaint may indicate retaliation.
- Excessive micromanagement: if a supervisor begins scrutinizing an employee’s work excessively, constantly looking for errors, or removing their authority to act independently, this may be retaliatory if it follows a legally protected complaint.
- Bullying or harassment: employees may indirectly retaliate by fostering a hostile environment, encouraging coworkers to isolate, intimidate or humiliate the employee.
- Excessive negative job performance reviews: if an employee with a history of positive reviews suddenly receives poor performance evaluations after filing a complaint, this can be a sign of retaliation.
- Termination: the most form of retaliation is being fired. Employers may also engage in constructive termination, where they create unbearable working conditions such as serial reprimands,or public humiliation forcing the employee to resign.
