Workers benefit from numerous protections under state and federal law. They can report injuries and request accommodations for their functional limitations. They have the right to organize with one another, request unpaid leave when necessary and to report misconduct involving coworkers or even customers.
Employers typically cannot retaliate against workers who make use of their basic rights on the job. Unfortunately, retaliation is still an issue for many professionals. Some companies retaliate overtly by firing a worker after they attempt to make use of their rights. Other companies are more subtle and engage in less extreme forms of retaliation. The three types of retaliation outlined below may seem small initially but can result in significant long-term consequences for professionals.
Transfer to another shift, position or facility
In scenarios involving harassment or discrimination allegations, companies should intervene to protect workers from misconduct. That intervention could involve transferring someone who has abused a position of authority to a different department, a new shift or an entirely different business location. It is less appropriate to resolve the situation by transferring the worker who makes the complaint. Particularly if the transfer is not beneficial for that worker, moving them to second shift, increasing their daily commute or changing the role they fill for the company could all constitute retaliation.
A reduction in hours scheduled or sales leads
Many workers have variable schedules if they work in a service or retail career. How much they earn depends on how many hours they get and what shifts they work. Employers sometimes retaliate by taking a server off of dinner scheduling and moving them to lunch, when smaller tabs and fewer alcohol sales might mean lower overall gratuities. Other times, companies may start withholding or reducing the quality of sales leads. They may effectively diminish the worker’s earning potential by reducing how many opportunities they have to take on new clients and earn commissions.
A halt in upward mobility
Sometimes, companies don’t take direct punitive actions that could constitute retaliation. Instead, they simply stop rewarding a worker for their excellent performance and years of service. The company may start returning lower performance reviews or denying the worker raises beyond basic cost-of-living raises. Theoretically qualified candidates may end up overlooked for every advancement opportunity that arises after reporting an issue on the job or otherwise making use of their employment rights.
Workers facing illegal employer retaliation may need help fighting back. Employees should not have to suffer career and economic setbacks over the decision to assert themselves. Successful retaliation-based lawsuits can result in financial compensation or court orders to remedy the prior mistreatment of a worker.