Is all negative treatment considered retaliation?

On Behalf of | Mar 24, 2016 | Employer Retaliation |

It is frowned upon when an employer violates the law. Employees can look the other way, but they can and are encouraged to report such things because they are wrong, and their employer needs to face the consequences of their actions. Of course, employees doing such a thing isn’t something that the employer will appreciate should they uncover that it was one of their employees that reported them.

After an employee has reported their employer for something, there is a chance that if their employer finds out, they may be retaliated against in some way. For that reason, employees should pay close attention to what is said to them and if their employer performs any retaliatory acts. These type of acts include termination, demotion, assault and more.

Many employees know that their employers may be upset about them participating in a protected act, so they will expect that their employer will retaliate against them. In this situation, people have to be careful with what they claim is retaliation and what is simply them being disciplined by their employer for something that is completely unrelated. For example, if an employer receives a negative performance review from their employer, this doesn’t mean they are being retaliated against. Ideally, the employee received a negative review because they failed to do their job and meet their employer’s standards. If the employer can prove that that was in fact why the employee’s review was bad, then the employee may not have a case.

Employer retaliation cases can be tricky to win, but that doesn’t mean it never happens. It is easy for people to misunderstand what acts by an employer are considered retaliatory and which are just part of their job. To avoid confusion, anyone who feels as though they have been retaliated against should contact an attorney as they may be able to help you figure out if you have a case and can assist during the filing process and trial.


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