Workplace retaliation occurs when an employer punishes an employee for engaging in a legally protected activity. Employees who face retaliation have legal options, and taking action with the help of a Washington, D.C. employment litigation lawyer can help protect both their careers and their rights.
At Eric Siegel Law, we have over 30 years of experience helping our clients protect their rights in the workplace – and we also have over a decade of experience in real estate and business law to understand the view from the other side of the table. Read on to learn more about workplace retaliation, and contact us today to get started on your case.
What Qualifies As Workplace Retaliation
For a case to be considered retaliation, three main elements must be present. First, the employee must have engaged in a protected activity, such as filing a complaint with HR, reporting unsafe working conditions, whistleblowing, or participating in an investigation. Second, the employer must take adverse action against the employee, which can range from termination to more subtle forms of punishment, such as being reassigned to a less desirable position. Third, there must be a clear connection between the protected activity and the employer’s negative action.
Common Forms Of Retaliation
Retaliation does not always mean immediate termination. Some cases involve more gradual consequences, such as reduced hours, exclusion from meetings, or sudden disciplinary actions. Employers may also create a hostile work environment by increasing scrutiny on the employee, reassigning them to an unfavorable shift, or making their job more difficult. In some cases, retaliation is subtle, but any negative action that results from an employee exercising their rights may be legally challenged.
Proving Retaliation In The Workplace
Employees bringing retaliation claims must present evidence that connects their employer’s actions to their protected activity. This can include emails, text messages, performance reviews, and witness statements. A sudden shift in treatment, such as a positive performance review followed by disciplinary actions after a complaint, can also help support a case. Keeping detailed records of workplace incidents can strengthen a claim and provide necessary proof if legal action is required.
How Employers Defend Against Retaliation Claims
Employers often argue that their actions were based on legitimate business reasons rather than retaliation. They may claim that the employee’s performance declined, there were company-wide layoffs, or the reassignment was necessary for business operations. Because of this, employees should document patterns of behavior that suggest retaliation rather than isolated actions. If an employer’s reason for disciplinary action does not align with past treatment, it can indicate retaliation.
Legal Options For Employees Facing Retaliation
Employees who experience retaliation have several options, including filing a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or a state labor agency. In some cases, a lawsuit may be necessary to recover lost wages, benefits, and damages for emotional distress. Retaliation cases can take time, but legal protections exist to help employees challenge unfair treatment and seek justice for any harm they have suffered.
Contact Us Today To Get Started
At Eric Siegel Law, we stand with employees who have been treated unfairly in the workplace. If you believe you have been retaliated against, an employment litigation lawyer can help you determine the best course of action. Contact us today to discuss your case and explore your legal options.