In many situations, it is illegal for employers to retaliate against employees. For instance, if an employee becomes a whistleblower regarding sexual harassment, safety violations or illegal activity, the employer cannot retaliate after the report is made. That employee is within their rights to make the report and should not have to worry about losing their job.
In a lot of these cases, retaliation simply means terminating the employee’s position with the company. If an employee reports sexual harassment and is promptly fired, both the harassment and the retaliation are illegal. But it is also important to remember that retaliation does not always result in job loss.
Other examples of retaliation
There are many other potential forms of retaliation, which could also be illegal. Some common examples include:
- Poor work evaluations, excessive warnings or newly created performance issues
- Increased monitoring and supervision
- Demotion from a current position
- Cutting an employee’s wages or hours
- Denying promotions the employee otherwise would have received
- Refusing to pay bonuses, benefits, or commissions
- Making direct threats or creating a hostile work environment
In other words, employers are not permitted to deliberately punish an employee for engaging in a legally protected activity, even if that employee keeps their job. Employers should also refrain from threatening retaliation or attempting to intimidate employees to prevent them from making reports in the first place. Telling an employee that they’ll stay quiet “if they value their job” is a violation of their rights.
Rights for employees
It is important for employers to understand that this behavior is unlawful, but it still happens in some cases. When it does, employees need to understand their rights and the legal steps they can take.