Retaliation refers to instances when employers unlawfully fight back against employees for exercising their legal rights. This typically occurs when employees report harassment or discrimination in the workplace or ask for a promotion or a higher salary. Employers can be charged with retaliation if they attack or harass an employee for filing a complaint against them.
Signs of workplace retaliation
Employers often retaliate to discourage people from standing up for themselves or speaking out against unfair treatment, typically to maintain control and assert their power. Some employers are afraid of certain harmful practices becoming public, though the exact reasons vary depending on the company. Employers might punish employees to maintain the status quo, preventing these flaws from coming to light. Noticeable signs of workplace retaliation include:
- Suspension or termination
- Demotion
- Salary cuts
- Physical or verbal abuse
The Occupational Safety and Health Act of 1970 protects employees in Indiana by stopping companies from firing or discriminating against them after exercising a right. Despite this, retaliation takes many forms, and not all of them are easy to spot. This means it is much more difficult to determine whether or not certain discriminatory or harmful actions count as retaliation.
Subtle signs your employer is retaliating
Not all signs of workplace retaliation are easy to single out, which means finding evidence is much harder to do. Subtle signs include, but are not limited to:
- Reassignments and bad shifts
- Reduced working hours
- Less or no opportunities to grow and develop a career
- Micromanagement
- Unfair, overly negative performance evaluations
Employees must always keep an eye out for discrimination when it happens, even if not every negative experience can be considered retaliation. Determining what counts as an act of retaliation alone can be difficult, which is why many employees ask their attorneys for guidance.
Making sense of employment laws
Because not all examples of retaliation are direct, employees and courts must carefully navigate which acts fall under employment laws. Many employees who believe they are victims of retaliation seek advice from legal professionals to help them understand complex situations.