Employer Retaliation: Your Rights and How to Protect Yourself

Retaliation in the workplace is a serious issue that many employees face when they speak out against unfair practices, file complaints, or engage in protected activities such as whistleblowing. 

State and federal labor laws strictly forbid employers from retaliating against employees for taking legally protected actions. It is illegal to terminate, demote, harass, refuse promotion, alter benefits, change job assignments, or otherwise retaliate against an individual for filing a complaint or lawsuit against an employer for discrimination or harassment, or to receive deserved benefits under various labor laws.

In addition, federal law protects whistleblowers who report fraud against the government under the False Claims Act. Employees who were wrongfully retaliated against may have legal recourse through a labor and employment lawsuit.

Some state laws also offer additional protections. For example, Florida has a Private Whistleblower statute that protects an employee from retaliation for objecting to an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation. Our attorneys regularly handle such claims on behalf of employees.

To find out if you have a claim, contact Morgan & Morgan for a free and easy case evaluation.

What Is Employer Retaliation?

Employer retaliation occurs when an employer takes adverse action against an employee for engaging in protected activities under federal or state law. These activities may include filing a complaint about workplace discrimination, harassment, wage violations, or safety concerns, among others.

Under various labor laws, including the Civil Rights Act of 1964, the Occupational Safety and Health Act (OSHA), the Family and Medical Leave Act (FMLA), and others, employees are legally protected from retaliation for asserting their rights.

Examples of Employer Retaliation

• Termination or Demotion: One of the most blatant forms of retaliation is when an employee is fired or demoted after filing a complaint or engaging in protected activity.
• Harassment: Employers may retaliate against employees by subjecting them to hostile behavior, unwarranted criticism, or excessive monitoring after they report wrongdoing.
• Job Reassignment: A less obvious form of retaliation could involve reassignment to a less desirable position or shift without legitimate business reasons.
• Pay Cuts or Reduced Hours: Another form of retaliation might be altering an employee's pay or hours after they file a complaint about working conditions.
• Exclusion: In some cases, retaliation might involve excluding an employee from important meetings, projects, or promotions that they would normally be eligible for.
  
   

Legal Protections Against Employer Retaliation

Employees who face retaliation for asserting their rights are protected by a range of laws, both federal and state. Here are some of the key protections available under U.S. law:

Title VII of the Civil Rights Act of 1964

Title VII prohibits discrimination based on race, color, religion, sex, or national origin. It also protects employees from retaliation if they complain about discrimination or participate in investigations related to discrimination. If an employer retaliates against an employee who has filed a discrimination complaint, they can be held liable for violating Title VII.

The Family and Medical Leave Act (FMLA)

Under the FMLA, employees are entitled to take unpaid leave for certain family and medical reasons without fear of retaliation. If an employer takes adverse action against an employee for taking FMLA leave, it can result in a legal violation.

Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Act protects employees from retaliation when they report safety violations or workplace hazards. Employees are also protected when they participate in investigations related to workplace safety.

The Fair Labor Standards Act (FLSA)

The FLSA ensures employees receive fair wages, and it prohibits retaliation against employees who file complaints about wage and hour violations. Employers who retaliate for wage complaints may face significant penalties.

Whistleblower Protection Laws

In addition to the above, there are specific whistleblower protection laws that safeguard employees who report fraud, misconduct, or illegal activities in their workplace. These laws are crucial for employees in industries where ethical concerns or fraud may go unchecked.

Signs of Employer Retaliation

It’s not always easy to spot retaliation, as it can take many forms. However, there are certain behaviors and patterns that may indicate retaliation is happening. Below are some signs to look out for:

Sudden Changes in Job Conditions

If you notice sudden, unexplained changes in your job conditions after filing a complaint or participating in an investigation, this could be a sign of retaliation. Examples include an abrupt reassignment, new and unreasonable performance expectations, or a drastic change in job responsibilities.

Performance Reviews that Are Unfair or Negative

An employee who was previously receiving positive performance evaluations may suddenly receive low or unfair evaluations after reporting an issue at work. These performance reviews could be a retaliatory attempt to harm the employee’s reputation or standing within the company.

Increased Scrutiny and Monitoring

An employee who experiences retaliation may find themselves being unfairly micromanaged or excessively monitored by their employer or supervisors. This could include increased supervision, frequent check-ins, or criticism for minor issues that were previously ignored.

Sudden Demotion or Change in Compensation

A retaliatory employer may attempt to demote an employee or cut their pay after they report a complaint. Similarly, if an employee receives a reduction in hours or a cut in compensation without a valid business reason, it may be considered retaliation.

Exclusion From Workplace Activities

Employees who are retaliated against may be excluded from important meetings, decision-making processes, or opportunities for career advancement that they were previously included in. This exclusion could be a subtle form of retaliation designed to isolate the employee.

What to Do If You Are Facing Employer Retaliation

If you believe you are experiencing retaliation at work, it's essential to take certain steps to protect yourself.

1. Document Everything

Keep detailed records of any incidents that may indicate retaliation. This includes emails, text messages, written communications, and a log of meetings or conversations that involve adverse actions. This documentation will be crucial if you decide to take legal action.

2. Report the Retaliation Internally

Many companies have internal grievance procedures or human resources (HR) departments to handle complaints. It’s important to report any retaliatory actions through the proper channels. Ensure that you keep a written record of your complaint and any responses or actions taken by your employer.

3. File a Complaint With the Appropriate Agency

If internal reporting does not resolve the issue, or if you believe the retaliation is severe, you can file a complaint with the appropriate government agency. For example, the Equal Employment Opportunity Commission (EEOC) handles complaints related to discrimination and retaliation, while the Department of Labor (DOL) addresses wage and hour violations.

4. Contact Morgan & Morgan 

If you are unsure of your rights or the best course of action, consulting with an attorney who specializes in employment law is a smart step. A lawyer can help you understand the legal protections available to you and guide you through the process of filing a retaliation claim.

How to Prove Retaliation

In order to prove that your employer was retaliating, you must show the following: 

• You experienced or witnessed unlawful discrimination,
• You engaged in a protected activity,
• Your employer took an adverse action against you as a result of your engagement in the protected activity, and
• You suffered damage or harm as a result of the adverse action (the employer’s action must be "materially adverse." This includes any action that might deter a reasonable person from engaging in protected activity).

This might sound somewhat complicated to prove, but if you hire an experienced lawyer who has handled retaliation claims, they'll be able to walk you through it. One of the most important things you can do is make sure you document absolutely everything, such as your complaint and any texts, emails, or written notices you've received from your employer. Additionally, make sure everything is dated.

Legal Consequences for Employers Who Retaliate

Employers who engage in retaliation may face severe legal and financial consequences. In addition to damages that may be awarded to the employee (including back pay, front pay, and reinstatement), employers may also face fines, penalties, and legal fees.

Under the law, employees who win retaliation claims can recover damages such as:

• Back Pay: Employees may be entitled to recover wages lost as a result of retaliation.
• Front Pay: In some cases, employees can recover compensation for future lost wages if they cannot return to their previous position.
• Punitive Damages: In certain cases, if the employer's actions were especially egregious, the court may award punitive damages to punish the employer and deter future retaliation.
• Reinstatement: If an employee was wrongfully terminated or demoted, they may be entitled to reinstatement in their previous position.
  
   

How to Protect Yourself From Employer Retaliation

While it’s not always possible to prevent retaliation, there are steps you can take to minimize your risk:

• Know Your Rights: Understand the protections available to you under the law, and make sure you’re familiar with your company’s anti-retaliation policies.
• Speak Up Safely: If possible, speak up through anonymous channels or use internal reporting systems if you’re worried about retaliation.
• Consult With Legal Professionals: If you feel you’re at risk of retaliation, it’s a good idea to consult with an attorney who can help you navigate the process and protect your rights.
• Stay Professional: Always remain professional when dealing with complaints, and avoid actions that might undermine your position.
  
   

Morgan & Morgan Can Help

Employer retaliation is a serious issue that can have a profound impact on employees' careers and personal lives. Understanding what retaliation is, recognizing the signs, and knowing your legal rights are key steps to protecting yourself. If you believe you've been retaliated against, it’s essential to document everything, report the issue internally, and seek legal advice. Taking the right steps can help you hold your employer accountable and ensure your rights are protected.

If you are facing retaliation at work, reach out to the employment attorneys at Morgan & Morgan for a free case evaluation. We are here to help you protect your rights and get the justice you deserve.