It takes courage to speak up when something is wrong. This is especially true in the workplace, where you may have concerns that speaking up could impact your employment. It is important to know that there are laws in place to protect those who speak out against illegal activity and legal tools are available to help you hold employers and supervisors accountable if they attempt to punish you after you speak up.
If you believe you are the victim of retaliation and/or wrongful termination, it is important to understand these rights. The following will provide foundational information to help you determine the next best course of action.
What is retaliation?
The first step is to understand the legal definition of the term. Retaliation occurs when an employer takes a negative action towards an employee in response to legally protected activities. These activities can include filing a complaint about workplace discrimination, participating in an investigation, or whistleblowing on illegal practices. Retaliation is illegal under federal and state laws such as the Civil Rights Act and the Occupational Safety and Health Act.
Examples of actions that can signal illegal retaliation include:
- Sudden changes in job duties or responsibilities
- Unjustified negative performance reviews
- Demotion or reduction in pay
- Hostile work environment
These indicators can serve as red flags if you suspect you are being retaliated against. It is important to document any incidents and seek legal advice if necessary.
What is wrongful termination?
Wrongful termination refers to an employer firing an employee in violation of legal rights or contractual agreements. This can occur when an employee is terminated for discriminatory reasons, in breach of an employment contract, or as a form of retaliation. Common examples when it comes to retaliation is termination after reporting harassment or discrimination.
If you believe you are the victim of wrongful termination, it is wise to gather evidence, such as emails and performance reviews, and consult with an employment attorney to explore your legal options.
What are my legal options if I believe I am the victim of retaliation or wrongful termination?
Both retaliation and wrongful termination are serious violations of employment law. Legal counsel can provide detailed information tailored to your case, but employees generally have several avenues for recourse, including filing a complaint with the Equal Employment Opportunity Commission (EEOC) or pursuing a lawsuit.
As noted above, in addition to seeking legal counsel it is helpful to document all relevant incidents and communications as well as review your employment contract and company policies to understand your rights if you are considering further action.