Employees have specific rights in the workplace, and it’s up to employers to ensure those rights are upheld. All employees must be free to participate in protected activities without having to worry about negative employment actions taking place because they do things they have a right to do.
There are many protected actions that they should be able to participate in. This includes things like taking time off under the Family and Medical Leave Act or filing a complaint about discrimination or harassment. Even filing reports about safety violations and participating in investigations are protected.
Understanding retaliation
Retaliation is any negative employment action that’s taken by the employer that’s because of a protected activity. This can include things like a reduction in pay, termination or demotion. Some forms of retaliation are subtle. These include things like changing the employee’s schedule if it’s because of them participating in the protected action.
Employers should understand that it’s still possible to take disciplinary action against employees even after they participate in a protected action as long as the discipline isn’t because of the protected activity. The key here is that the disciplinary action must be because of something that any employee would legitimately get in trouble for.
Employees who believe they were the victim of retaliation at work may opt to pursue action against the employer. It’s important for employers to have proper documentation for all disciplinary actions just in case an employee makes a retaliation claim. Having someone who can help protect the company’s interests is also beneficial if this situation ever occurs.