Am I a victim of workplace retaliation?

Everyone experiences problems at work. But it can be hard to know if the problems are legitimate or if you are a victim of workplace retaliation.

The word retaliation gets used a lot when an employee has a bad work experience. But retaliation is more than your employer not treating you well. It is even more than being fired, demoted or punished.

Understanding retaliation

Retaliation at work occurs when you are punished for engaging in a legally protected activity. A common example of a legally protected activity is acting as a whistleblower or filing a complaint with human resources.

For example, if you are late to work three days in a row and your employer threatens to terminate you because of it, that is not retaliation. However, if your employer is engaging in illegal activity and you report it to authorities and then your employer threatens to terminate you, that is more likely retaliation.

Common forms of retaliation

Retaliation comes in many forms besides being terminated or threatened. Some other signs of retaliation include:

• Being demoted
• Being excluded
• Losing out on a promotion

A demotion can be a pay cut, a transfer to a less desirable shift or position or a reduction in hours. If you are not given a reason for the demotion, this is an even stronger sign that this might be retaliation.

If you suddenly feel like you are being left out of important workplace events or activities, this could be a more subtle form of retaliation. Getting the silent treatment, being “accidentally” left out of meeting invitations or even being asked to relocate to somewhere more secluded are signs of potential retaliation.

Maybe you were up for a promotion that was all but guaranteed and then you filed your complaint. Then you find out that the promotion went to someone else. You are given no explanation and no one mentions the promotion to you again. It could be retaliation for filing the complaint.

Knowing your rights and building your case

Retaliation claims can be tough because your employer could defend themselves by citing a legitimate reason for the action against you. Having strong, clear evidence is important.