Signs You Are Being Retaliated Against at Work

Retaliation against employees at work is illegal. But for many workers, there is a dual challenge—the first is wondering whether they can legally be retaliated against, and if not, the second challenge is figuring out whether retaliation is actually happening to them.

What is Retaliation?

As a general rule, it is illegal to punish or harass an employee, to get back at an employee or punish the employee, for doing something that an employee otherwise has a right to do. That may include retaliation when:

• The worker reports an employee’s illegal behavior or participates in a criminal investigation against the employer
• The worker complains about or exercises his right to be free from harassment or discrimination, or asks for accommodations under disability laws
• The worker reports the employer for violating government rules or regulations
• The worker does something he has a right to do, like file for bankruptcy, or get married, or make a workers compensation claim

Signs of Retaliation

Of course, if you ask your employer whether they are retaliating against you for doing any of the above, they will deny it. But you nonetheless sense that something is off, or different, and that you aren’t being treated the same way that you used to. So how do you know if you’re being retaliated against?

Obviously, being fired is a great indication that you’re being retaliated against, but many employers are wise to that, and will try to retaliate against you in much subtle ways. These ways may include:

Denial of trainings – Employers will often retaliate by leaving an employee out of any kind of training or career advancement opportunities. This may be leaving you out of seminars, or conventions, or chances for you to see and be seen in your field.

Work assignments –Let’s face it—at work, there are some “easy jobs,” and some “tougher jobs.” If you notice you’re getting all of the tougher, more challenging or less desirable jobs, duties, or assignments, it could be an indication that your employer is setting you up to fail.

Sudden discipline – Often, employers will overlook minor violations of company policy—until they’re retaliating against you, when all of the sudden, you get written up for everything, even things that the employer previously looked the other way about.

Social events – While your employer has no duty to invite you to after work voluntary social events, isolation from these events may be a sign you are being retaliated against. If the office is going to the boss’ house on Saturday and you’re the only one left out, or you suddenly don’t get invited to Friday afternoon happy hour, it may be a sign of retaliation.

Being reassigned – Even though your boss may not change your pay, and may tell you the reassignment is “lateral,” a sudden reassignment is often a sign of retaliation.

Don’t guess. Ask us if you’re being retaliated against.  Contact the San Jose employment attorneys at the Costanzo Law Firm today for help.

Sources

eeoc.gov/facts-about-retaliation

everfi.com/blog/workplace-training/retaliation-in-the-workplace-what-to-look-out-for-after-you-file-a-compliant/