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What is Considered Retaliation in the Workplace

Posted by Kiana Adams

It is often a sticky situation when a worker files a complaint against their employer and can create ill feelings within the workplace. Quite naturally the employer or supervisor might have a few choice words regarding the action or may even want to redesign the employee’s terms of employment. However, in the workplace, this type of revenge rather big or small can result in a lawsuit against the company. Here is how to determine whether an employer action is serious enough to be considered retaliation. 

What Is A Retaliation?
Oftentimes when retaliation lawsuits are filed, the employer had no idea that the action they took was actually illegal. Retaliation, in its simplest terms, is an adverse action that serves as revenge for a prior complaint made due to harassment or unfair treatment. Any action made to the employee that would dissuade him or other workers from making complaints in the future or even going as far as mentioning the incident to the employee in an unapologetic manner is also classified as such. 

How To Know When Retaliation Has Gone Too Far
When an employer punishes or is vengeful towards an employee for engaging in a legally protected activity, a lawsuit is definitely in order. However, there are certain factors that have to be accessed in order to determine whether or not the case is strong enough to be considered retaliation in legal terms. 

A change in scheduled hours, a shift in job duties, a department transfer, a negative evaluation and especially a demotion or termination are all examples of retaliating acts that could result in a lawsuit against the company. However, before an employee decides to take legal action, there must be a link established between the complaint and the adverse action taken against them. This is when an employment lawyer would be the most helpful. 

If it feels like you were mistreated as a result of your complaint, you probably were. 
If you are a victim of retaliation within your workplace contact the Lee Legal Group to discuss the nature of your case and take action towards your justice. The Lee Legal Group is comprised of dedicated employment lawyers who are familiar with the punishable acts against employers as well the rights covered to you by the EEOC and the legal system. Consult with our legal team today to discuss options and be advised if you are eligible for compensation for your retaliation case. Jump to top