Employees have a right to have a workplace that’s not hostile, and it’s up to employers to have policies to protect that right. One toxic situation that can lead to a hostile work environment is retaliation by an employer. This occurs when an employer or their agent uses adverse employment actions to punish an employee who has participated in a legally protected action.
Legally protected actions include those that involve reporting or cooperating with investigations related to things like discrimination, harassment or unsafe work conditions. Employees and employers should understand the basics of retaliation and how it can eventually lead to wrongful termination.
What’s a retaliatory action?
A retaliatory action can be overt or covert, depending on the circumstances. The key is that the action must be taken in response to protected activity. Some examples of retaliation include:
- Cutting an employee’s hours
- Changing the employee’s schedule to less desirable shifts
- Moving the employee to a less desirable location
- Excluding the employee from meetings
- Removing access to company benefits and perks
- Giving the employee unfavorable reviews
In extreme cases, an employee may be terminated because of retaliation. Their employer may try claim they don’t need a reason to terminate the employee, but this isn’t valid if the termination is truly rooted in relation to protected activity. It can be difficult to spot a true wrongful termination in this regard, but skilled employment legal teams generally understand how to uncover the truth.
When is a termination lawful?
Even if an employee participates in a protected activity, they can still be terminated if they break company policy. The reason for termination must be something that other employees could lawfully be fired for doing. Employers should have clear employment policies written out in a handbook or policy manual so it’s clear when a termination is warranted.
Retaliation and wrongful termination are complex legal concerns. Having a legal representative to help get the facts of the case gathered and presented suitably may help those affected by alleged wrongdoing of this kind.