Retaliation from your employer can be a problem even when your actions are protected

On Behalf of | Jun 30, 2020 | San Jose employment attorney |

There are times when employees need to speak up about certain things that are happening in the workplace. This isn’t something that’s usually done without considerable thought. Some employees worry that the employer will retaliate against them for what they say. While this is a valid concern, it is one that might not be as big of an issue as they expected. 

Retaliation due to a protected activity, which includes things like speaking up about harassment, discrimination or violations of laws and regulations, is illegal. Employees have specific protections against these types of actions. 

Retaliatory action is any negative employment action that’s done in response to protected activities. This can include demotions, pay cuts or termination. Unfavorable work reviews and being moved to a less desirable shift or location are also types of retaliation. Spreading rumors about the employee, making their job more difficult or subjecting the employee to any type of abuse are other examples of retaliation. 

It’s imperative for employees to remember that while retaliatory acts are forbidden, an employee who takes part in protected activities can still face things like being written up or terminated if they are violating workplace rules or not doing their job duties properly. 

Unfortunately, just because something is illegal doesn’t mean that employers won’t do it. Whistleblowers seldom have fans among their bosses. If you feel like you’re been the victim of retaliation from your employer, find out about your legal options. Your attorney can explain the process and go over the specifics with you and help you better understand the types of compensation that are available.