Is My Employer’s Behavior Retaliation?

If your employer is treating you in an adverse manner, in a way that is different from how other employees are treated, you may be wondering if your employer’s behavior rises to the level of unlawful retaliation. While any kind of abusive behavior from an employer or a manager or supervisor can create a toxic work environment and can harm morale in the workplace, that behavior might not constitute unlawful retaliation. What is retaliation, then, and how can you know if you are experiencing it?

Our Palm Beach Gardens employment discrimination attorneys can explain in more detail, and we are here to speak with you today and to answer any questions you have about workplace retaliation and filing a retaliation claim.

What is Unlawful Retaliation? 

Retaliation is a form of discrimination, and it occurs when an employer takes any adverse action against an employee for engaging in protected activity. Yet you might still be wondering: what is adverse action, and what is protected activity?

We will begin with protected activity. Generally speaking, the term “protected activity” refers to any activity for which a state or federal law provides legal protections, such as reporting employment discrimination, participating in a discrimination claim, reporting illegal or certain unethical activities in the workplace, or refusing to participate in an illegal practice in the workplace. Then, adverse action can take many different forms, and the law generally construes it broadly. Adverse action can include, for example: termination, denial of promotion, demotion, reduction in work hours, schedule change to an undesirable schedule, or poor performance reviews.

Finally, you must be able to show that the employer has taken the adverse action because you engaged in the protected activity.

How Can I Know if My Employer’s Behavior is Retaliation? 

The best way to determine whether you have a retaliation claim is to discuss your case with an attorney. A lawyer can assess the facts and details in your case, and can help you to understand whether you have a retaliation claim. And, if you do have a valid retaliation claim, a lawyer can help you to move forward with your case.

In the meantime, if the following things are true, you could be experiencing retaliation, and it is important to speak with an attorney about your situation:

• You engaged in any kind of protected activity in your workplace (from participating in a discrimination investigation with HR to refusing to participate in an unlawful workplace practice); and
• Your employer has taken any kind of adverse action against you in the time since you participated in the protected activity (and the adverse action may be minor or major, overt or more vague, and a one-time action or sustained behavior).

Contact a Palm Beach Gardens Employment Discrimination Attorney 

No employee should ever have to face retaliation in the workplace. If you believe you are experiencing retaliation, it is important to get in touch with an experienced Palm Beach Gardens employment discrimination lawyer at Sconzo Law Office. We can talk with you today to learn more about your situation, and we can provide you with more information about your options for filing a retaliation claim or another type of employment discrimination claim. Contact us today for more information.

Sources:

eeoc.gov/retaliation

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.01.html