In the United States, employees have the right to work in a safe workplace and for employers who comply with all applicable labor laws. When those aren’t happening, the employees may decide that they want to speak up in an effort to get the employer to do what they should. Unfortunately, some employees have to worry about their employer retaliating against them if they do that.
Employees have specific protections from retaliation by employers if the employee participates in a protected activity. Understanding how protections against retaliation work is critical for all employees.
What is a protected activity?
A protected activity is anything that laws say the employee can do. This includes things like filing complaints about discrimination or safety violations. It also involves taking leave under the Family and Medical Leave Act, filing for workers’ compensation or taking legally protected breaks or leave.
What is a retaliatory action?
A retaliatory action is any negative employment action that’s done in direct response to a protected activity. These are sometimes obvious, but it’s also possible that they will be more subtle. Some examples include termination, reduced wages, location changes that are undesirable, and failing to notify the employee of a meeting they should participate in.
It’s important to note that retaliation only occurs if it’s because of a protected activity. Even if an employee participates in a protected activity, they can’t do whatever they want. They can still face negative employment actions as long as those are the same as anyone would face for the same rule infraction.
Making a claim of retaliation against an employer isn’t a simple undertaking. It may be best to work with someone familiar with these matters so they can assist you throughout the process.