Retaliation in the workplace occurs when an employee makes a complaint regarding malpractices, discrimination – or if an employee is accused of whistleblowing. In any case, the employer is not required to retaliate.
However, if an employee is punished and reprimanded by the employer for highlighting malpractices, discrimination or any other unethical or illegal activity of the employer and as a result, the employee is demoted or terminated, then these actions would be considered as retaliatory measures. Some of the most common examples of employer retaliation are below.
When a company demotes an employee for a complaint regarding discrimination, sexual harassment or any other complaint, it is a classic example of employer retaliation. Demoting an employee for a valid complain is unethical and illegal. If you believe you are a victim of employer retaliation, you should immediately talk about the incident with a skilled employment discrimination lawyer to find your best solution.
Reassignment of an Employee
In the aftermath of a whistle-blowing incident, or any other situation where an employee complains about the employer, chances are high the employee might find themselves reassigned. The sudden, unexpected reassignment is usually less than the employee’s capabilities. To make things worse, superiors can force an employee to work with limited resources. All these retaliatory measures are deemed unethical and unlawful by Occupational Safety and Health Administration OSHA.
Preventing a Promotion
Employer retaliation includes preventing a promotion of an employee, despite knowing the fact this particular employee will excel in the new position. The supervisor and senior management are instructed to provide a negative performance review. The performance review is a permanent part of employment records, which negatively reflects the overall performance.
Also, a supervisor may provide a negative recommendation if the employee seeks a better position at the company. Actions like these require you to speak with an experienced retaliatory discharge attorney and seek assistance in suing your employer.
Intimidation and Coercion
One of the worst forms of employer retaliation is intimidating and coercing an employee. Making verbal or any other visible threats to an employee is a crime and it’s essential for you to discuss your workplace intimidation and coercion with a skilled retaliatory discharge attorney.
If you feel you are a victim of retaliatory discharge for highlighting any malpractice of your company, seeking an attorney to settle the matter is the best option. If you want to know more about retaliatory discharge or schedule a free consultation, contact the Law Office of Michael Smith to talk with an experienced wrongful termination lawyer.