We serve clients throughout the Bay Area

What does it mean for an employer to retaliate against you?

On Behalf of | Nov 11, 2022 | Whistleblower/Retaliation

Employees shouldn’t ever be fearful to speak up about things that are being done in the workplace. When workers see or experience anything illegal, they should be able to file a complaint with their employer or take it to the appropriate governing agencies. 

One thing that stops some workers from being able to do this is the thought of retaliation. It’s crucial that all employees understand that retaliation that’s in response to a worker participating in a protected activity is illegal. 

What are protected actions?

Protected actions are things that you shouldn’t get in trouble for doing. This includes making factual complaints about harassment, discrimination or violations of the law. You can’t be retaliated against for filing the initial complaint or cooperating with an investigation into the matter.

What is retaliation?

Retaliation is any negative employment action. This can include things like demotions or pay cuts. Termination also falls under this classification. Even moving an employee to a different shift or location that’s less favorable can be considered retaliation. 

Even though you participated in a protected action, you still have to perform your work duties as required. Employers can still take disciplinary measures if you break company policies. The policies must be established and they must be applicable to all employees in the business. 

Ultimately, it’s up to you to ensure your rights are protected. If you feel like you’ve been the subject of retaliation, discuss your case with someone familiar with these matters. Taking legal action may help you to resolve the situation so you can move forward with your life.