Employers have to abide by specific laws, including those that outline how they must treat employees. One of these laws forbids the employer from retaliating against employees if those employees participate in a protected activity.
Retaliation is any negative employment action taken against an employee because of the employee’s engagement in the protected activity. This can include many different actions, such as a reduction in pay, a change to a less desirable shift or location, termination, denial of benefits, creation of an undesirable workplace, receiving an undeserved negative review and ostracizing the employee.
What are protected activities?
Employees are legally protected from negative employment actions in response to these actions:
- Reporting workplace safety violations
- Refusing to engage in illegal activities
- Filing or participating in an investigation into illegal workplace activities
- Taking qualified family or medical leave
- Seeking workers’ compensation benefits
- Reporting discrimination or harassment
The key to something being classified as retaliation is that it has to be in direct response to the employee’s engagement in a protected activity. This doesn’t give employees free rein over the company. Employees must still abide by established company policies, as long as they’re legal. If an employee breaks a rule, they can still face the same punishment as any other employee who does the same thing.
Workers who believe they’re the victims of retaliation should learn about their legal options. These cases can be complex, so it’s best for them to work with someone who’s familiar with these matters.