Learn about anti-retaliation laws like Title VII, ADA, and ADEA. Protect your rights and take informed steps with guidance from experienced employment lawyers.
Experiencing retaliation at work can feel isolating and stressful, especially after you have reported misconduct. If your employer has taken adverse action against you for asserting your rights, you are not alone, and you have options. Understanding the steps to take can empower you to protect your career and hold your employer accountable. Here’s how to handle retaliation at work.
1. Recognize Retaliation
The first step in addressing retaliation is knowing the signs. Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity, such as reporting discrimination or harassment. Retaliatory actions can be subtle or overt. They may include wrongful termination, demotion, a negative performance review, a pay cut, or a transfer to a less desirable position. Being excluded from meetings or important projects can also constitute retaliation.
2. Document Everything
Thorough documentation is your most powerful tool. Keep a detailed log of every incident you believe to be retaliatory. For each entry, record the date, time, location, and people involved. Write a factual summary of what happened and include direct quotes whenever possible. Save relevant emails, text messages, performance reviews, and any other communications that could serve as evidence. Store these records in a secure, personal location, not on a work computer.
3. Report the Conduct Internally
Before taking external action, check your company’s employee handbook for its reporting procedure. Follow the specified steps to report the retaliation to human resources or your designated supervisor. A written complaint creates an official record that you attempted to resolve the issue internally. This step shows that you gave the company a chance to correct the behavior.
4. Seek Legal Advice
Navigating retaliation claims can be complex, so consulting with an employment attorney is a crucial move. A lawyer can evaluate the strength of your case, explain your legal options, and guide you on the best course of action. Many attorneys offer free initial consultations, providing a low-risk opportunity to gain valuable insight into your situation.
5. File a Formal Charge
If internal reporting does not resolve the issue, you can file a formal charge with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency. These government bodies investigate claims of retaliation and can take action against employers who violate the law. There are strict deadlines for filing, so do not delay this step.
6. Protect Yourself
While you pursue a resolution, focus on protecting your well-being. Continue to perform your job duties to the best of your ability to prevent your employer from claiming poor performance as a reason for adverse actions. Lean on your support system of friends and family, and consider seeking help from a mental health professional to manage the stress.
7. Know Your Rights
Federal and state laws protect you from retaliation. Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) all include anti-retaliation provisions. Familiarizing yourself with these protections will reinforce your confidence as you navigate the process.
If you believe you are facing workplace retaliation, taking decisive, informed action is essential. Contact an experienced employment law firm to discuss your case and learn how to move forward.
