What Are Some Examples of Retaliation?
You might assume that retaliation must involve firing, but it actually refers to a number of negative actions, including:
• Pay reduction or hour reduction
• Disciplinary action
• Unpleasant job or shift reassignment
Currently, the legal standard at both the state and federal level focuses on the reasonable person with some modifications based on the individual situation. In other words, so long as your boss's action would be likely to deter a reasonable person from engaging in the protected activity, you probably have a case of retaliation.
How to Pursue a Retaliation Claim
The more obvious the retaliation, the easier it is to pursue a claim. But if your employer uses subtle methods of retaliation, it may be more difficult to prove. The employee must demonstrate the link that joins the negative behavior with the legally protected action. Keeping track of objective facts can help prove that retaliation is taking place. For instance, if you have never run into any complaints about your job performance and in fact received a memo from your boss stating how pleased he was, you save that statement. It can serve as proof after you make your complaint or report negative behavior, if then suddenly your boss claims that your performance is bad. Remember that to defend himself or herself, your boss must demonstrate that your performance is poor or that he has reasons for making the claims. Be prepared for this in advance, so that when you make your report to the Equal Employment Opportunity Commission, or to the Fair Employment Practice Agency at the state level, you can provide actionable information.
For more help with a retaliation case, get legal advice from a lawyer.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.