Employers have the right to work without having to worry about being retaliated against if they make complaints or reports about illegal activities or if they opt to participate in investigations against the company. Taking lawful leave, such as Family and Medical Act Leave, is also protected. Employees must ensure they understand what constitutes retaliation.
Retaliation is any negative employment action that’s taken in direct response to an employee participating in a protected activity. It can include things, such as a reduction in pay or hours, termination, unnecessarily poor performance reviews or anything similar.
Retaliation has limitations
Retaliation only occurs if it’s in response to a protected activity. Employees must still comply with all employer regulations as long as they apply to all employees unilaterally. This means that if an employee breaks rules, they can still be subjected to the same disciplinary measures as any other employee would face.
Employees who believe they have been subjected to retaliation should ensure they keep any evidence they have of what’s going on. For example, copies of positive performance reviews may combat claims of poor performance that are being used to reduce pay or terminate an employee.
These cases can be complex, so it’s necessary to be able to show your side of the matter. Working with someone who’s familiar with retaliation and other applicable laws may be beneficial. These cases come with strict time limits, so it’s necessary to get things moving swiftly so the time limit doesn’t expire.