Retaliation in the Workplace: Examples You Need to Know in 2024

Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203

Most people understand that certain behaviors at work can have negative consequences. Excessive lateness, poor performance, or violation of company rules are common and accepted situations for employers to take disciplinary action against employees.

However, employers don’t have free rein when it comes to discipline.

Employers who engage in illegal retaliation against employees can face legal penalties under California and federal employment laws. In this blog post, we’ll discuss what California employees should know about workplace retaliation. We’ll explain what makes retaliation illegal, walk through some retaliation in the workplace examples, and discuss what to do if your employer violates your rights.

What Is Workplace Retaliation?

Retaliation is an employer’s illegal punishment of an employee who engages in a legally protected activity.

Many different federal and California employment laws safeguard employees from retaliation in the workplace. Examples include the Fair Housing and Employment Act, the California Family Rights Act, the Americans with Disabilities Act, and the National Labor Relations Act. These and other laws grant California employees numerous benefits, including protection from employers who punish them for exercising their legal rights and duties.

Here are some of the specific activities protected under these anti-retaliation laws:

• Complaining about workplace discrimination,
• Participating in a workplace investigation,
• Speaking out about sexual harassment at work,
• Requesting reasonable accommodations for a disability or pregnancy,
• Testifying as a witness to workplace wrongdoing,
• Taking family or medical leave,
• Raising concerns about safety violations,
• Reporting illegal activity,
• Serving on a jury,
• Joining a union,
• Applying for workers’ compensation,
• Discussing wages or working conditions with coworkers, and
• Filing a claim for unpaid wages.

If you face employer backlash because of one of these activities, you could be a target of illegal retaliation.

Be aware: this is not an exhaustive list of situations that can lead to retaliation. California law also extends anti-retaliation protections to employees who have been victims of domestic violence, sexual assault, stalking, and certain other crimes. Employees in these situations are entitled to take leave from work to attend court or seek psychological counseling without facing negative job consequences.

Workplace Retaliation Examples California Employees Should Know

In legal terms, workplace retaliation happens when an employer takes adverse employment action against an employee for engaging in a legally protected activity. An “adverse employment action” can mean many different things.

Termination is the most extreme and blatant form of adverse action your employer can inflict. However, employer retaliation often happens in less apparent ways. Sometimes, an employee may not even realize they’re facing illegal retaliation.

Let’s take a look at some examples of subtle retaliation in the workplace to be alert for:

• Denial of new opportunities or benefits. Many employers have internal or external resources to help their workers grow in their careers, e.g., mentorship, continuing education programs, training initiatives, and more. Withdrawing these opportunities from a single employee (but allowing others access) could be a form of less-obvious punishment.

• Undesirable change in workload or hours. Modifications to your standard work duties and schedule can also be punitive. These modifications could be a supervisor cutting your shifts and hours or burdening you with overwhelming tasks.

• Micromanagement. Employers can also retaliate by targeting employees with excessive criticism. Your employer could be looking for reasons to punish you if you’re suddenly subject to intense scrutiny from supervisors, repeatedly called into check-in meetings, or held to different standards than coworkers.

• Isolation. Excluding employees from decision-making meetings, essential communications, and social events can also point to hidden retaliation.

• Harassment or intimidation. Retaliation can also be verbal. Watch out for changes in behavior or the treatment you receive from management, including hostility, insults, and threats of harm or negative job consequences.

• Unjustified poor performance reviews. Negative performance evaluations are another subtle way employers can retaliate. Poor evaluations without suggestions for improvement could signal you’re being targeted.

• Demotion or pay cut. Were you suddenly transferred to a less desirable role or expecting a promotion or raise, only to have the opportunity disappear? These might be signs you’re experiencing retaliation.

If these situations sound familiar, your employer could be violating your rights as an employee. Remember that you must have participated in a protected activity before experiencing adverse treatment for this to qualify as retaliation. Otherwise, you may not have the same legal protections against poor conduct from your employer.

What to Do About Workplace Retaliation

If you suspect you’re experiencing retaliation at work, there are several things you can do to protect yourself.

Don’t Ignore It

Trust yourself and your instincts. If you notice a sudden negative change in your employer’s behavior after you reported a safety issue, requested disability accommodations, or joined a union, take it seriously. Even subtle forms of retaliation are illegal and can have far-reaching consequences in your career.

Document Everything

Create a paper trail with evidence of the retaliation you’re experiencing and the protected activity it is based on. Save reports, emails, letters, voicemails, memos, timesheets, and performance reviews. Whenever you experience retaliatory behavior, write a description of the event, including the time, place, and any witnesses.

Contact a Lawyer

Consult with an employment attorney who can help determine whether your employer violated your rights. Since numerous state and federal laws ban retaliation, it’s essential to have a legal professional assess which ones apply in your case.

If you want to take legal action against your employer, a workplace retaliation lawyer can also help you navigate the legal and administrative processes involved in bringing a claim and potentially recovering compensation.

Experienced Advocates California Employees Trust

Timing is critical in retaliation cases. For one, waiting too long to get help after experiencing potential retaliation makes it more likely that valuable evidence will be lost. In California, employees typically only have one year to bring many retaliation claims.

At Lawyers for Justice, we’ve seen too many employees lose their chance to recover the compensation they deserve for an employer’s wrongdoing. That’s why we offer free consultations for California employees concerned about workplace retaliation.

For almost two decades, our firm has fought to hold corrupt and dishonest employers accountable for infringing on the rights of employees. With our insights into California employment law, creative litigation skills, and empathetic approach to client relationships, we’ve built a reputation as one of the nation’s leading employee-centered law firms.

Our track record speaks for itself, with over one hundred million dollars recovered on behalf of Californians. Contact our office today to schedule a free consultation and learn how we can help you.