Workplace retaliation can be subtle or overt, but it invariably creates a toxic atmosphere that undermines an employee’s sense of security and well-being.
In California, employees are protected by federal and state laws against retaliation in the workplace. Recognizing the signs can be the first step toward taking action to defend your rights and remedy the situation.
Defining Workplace Retaliation
Workplace retaliation occurs when an employer punishes an employee for engaging in legally protected activity.
This punishment can range from a negative performance review to demotion, job reassignment, salary reduction, or even termination.
Protected activities may include filing a complaint for harassment or discrimination, participating in a workplace investigation, or taking family or medical leave.
Signs of Workplace Retaliation
The Los Angeles workplace retaliation lawyers at Yadegar, Minoofar, & Soleymani LLP describe the signs of retaliation so you can recognize this serious workplace issue:
Changes in Job Duties or Work Schedule
After engaging in a protected activity, if you find that your job duties have been changed to less desirable ones or that your work schedule has become inconvenient or punishing, these could be signs of retaliation.
For instance, being suddenly moved to the “graveyard” shift without a legitimate reason may be retaliatory, especially if it’s inconsistent with your previous schedule or job role.
Exclusion from Meetings or Decisions
After reporting a problem, being left out of important meetings or consulted on decisions within your area of expertise may be another sign of retaliation.
This kind of exclusion can affect your ability to do your job effectively and could be a strategic move to isolate you or push you out of the workforce.
Negative Performance Reviews
One common sign of retaliation is unexpectedly receiving a negative performance review, particularly if your job performance was consistently rated positively before you engaged in a protected activity.
If the evaluation does not reflect your actual work and appears unjust, it might be an act of retaliation.
Disciplinary Action Without Cause
Facing disciplinary actions, such as warnings, probation, or other punitive measures without a legitimate reason, can signal retaliation.
If these actions stem directly from a protected activity, they may represent illegal retaliatory conduct.
Sudden Increase in Scrutiny
A sudden and unwarranted increase in the level of scrutiny applied to your work or behavior might be retaliation.
If you notice that you’re suddenly being “micro-managed” or criticized for things that were never an issue, this could be a retaliatory response from your employer.
Denial of Promotion or Career Advancement Opportunities
If you’re passed over for promotions, raises, or other career advancement opportunities without a transparent or reasonable explanation, it might result from retaliation, especially if you were on track for that promotion before engaging in protected activity.
Retaliatory Hostile Work Environment
This would manifest as sudden and unjustified hostility from supervisors or colleagues, mainly if it follows a complaint or another protected activity.
If your workplace becomes intolerable due to hostility that wasn’t present, it could be a response designed to punish you.
Termination or Constructive Dismissal
The most extreme form of retaliation is termination. If you’re sacked shortly after taking a protected action, and no other reasonable explanation is given, this could be a clear case of retaliation.
Constructive dismissal—forced to resign because the working environment has become so intolerable—also qualifies as retaliation.
What to Do if You Face Retaliation
If you’re experiencing what you suspect is retaliatory behavior:
- Document everything, noting the retaliatory acts’ dates, times, and details.
- Review your employee handbook or company’s anti-retaliation policies.
- Speak with HR about your concerns.
- Consult a knowledgeable employment attorney to understand your rights and possible next steps.
Despite the complexity of proving retaliation, knowing how to recognize the warning signs enables you to address and halt such illegal practices promptly.
Remember that California law provides mechanisms to protect workers from retaliation and to hold employers accountable for their unlawful actions.
If you are retaliated against in the workplace, taking the appropriate steps can help ensure that your rights are protected and that justice is served.