EMPLOYER RETALIATION

Employer retaliation occurs when an employer takes an adverse action against an employee because the employee engaged in a legally protected activity. The retaliation can be direct and obvious — like firing someone the day after they file a complaint — or subtle and gradual, such as reassigning someone to less desirable duties, excluding them from meetings, or creating conditions designed to force them to resign.

Three elements must generally be present for a retaliation claim: the employee engaged in a protected activity, the employer took an adverse action against the employee, and there is a causal connection between the protected activity and the adverse action. Our attorneys evaluate each of these elements carefully to determine whether you have a viable retaliation claim.

Retaliation is not limited to termination. Any action by the employer that would discourage a reasonable employee from engaging in protected activity can qualify as an adverse action. Common forms of retaliation include termination or constructive discharge (making conditions so intolerable that the employee is forced to resign), demotion or reduction in title or responsibilities, reduction in pay, hours, or benefits, transfer to a less desirable position or location, negative performance reviews that do not reflect actual performance, exclusion from meetings, projects, or advancement opportunities, increased scrutiny or micromanagement, verbal abuse, threats, or intimidation, and blacklisting or providing negative references to future employers.

The key question is whether the employer’s action would have a chilling effect on other employees considering whether to exercise their legal rights. Courts look at the totality of the employer’s conduct, and even a pattern of individually minor actions can amount to actionable retaliation when viewed together.