Understanding Workplace Retaliation
Workplace retaliation is a serious issue that can have detrimental effects on employees’ well-being and the overall work environment. Recognizing the signs of retaliation is crucial in order to address and prevent such behavior. In this comprehensive guide, we will explore various indicators of workplace retaliation and provide practical steps to identify and respond to it effectively. By understanding the signs and taking appropriate action, employees can protect their rights, foster a respectful work culture, and promote a positive and inclusive workplace environment.
Workplace retaliation occurs when an employer or colleague takes adverse action against an employee in response to their protected activity or complaint. Protected activities can include reporting discrimination, harassment, or other violations of employment laws, participating in investigations, or asserting legal rights. Retaliation can take various forms, such as negative changes in treatment, exclusion, unwarranted disciplinary actions, negative comments, or even termination. It is important to recognize these signs to address the issue promptly. Retaliation can create a hostile work environment, erode employee morale, and hinder professional growth. By understanding the dynamics of workplace retaliation, employees can better protect themselves and contribute to fostering a fair and respectful work culture.
Recognizing Signs of Workplace Retaliation
Recognizing workplace retaliation is essential in order to address and prevent such harmful behavior. There are several key indicators to watch out for. Being aware of these signs empowers employees to identify workplace retaliation and take appropriate action.
1. Sudden Negative Treatment
If you experience a sudden change in treatment, such as being overlooked for promotions, receiving negative comments or unwarranted criticism, or being excluded from important meetings or projects, it may indicate potential retaliation. Especially if this is on the heels of you reporting your manager, or participating in an investigation, or just having a conversation with Human Resources.
2. Marginalization and Exclusion
Retaliatory behavior often involves isolating and marginalizing the individual. Being purposefully left out of important conversations, social gatherings, or decision-making processes can be a clear indication of retaliation. Please keep in mind retaliation is if the behavior has changed as a result of you exercising your rights. If you were never a part of certain decision making or have always been left out of certain conversations, this may be due to your position and not relevant to your role. So be sure to assess the situation appropriately.
3. Unjustified Disciplinary Actions
If you have a history of positive performance evaluations but suddenly face unwarranted disciplinary measures or increased scrutiny following a protected activity, it could be a sign of retaliation. If you are now receiving corrective actions or performance improvement plans when you previously received a positive performance review, that is a red flag. Especially if you have not changed anything else outside of asserting your rights that likely painted them in a bad light or revealed wrong doing.
4. Negative Impact on Opportunities
Retaliation can hinder an employee’s professional growth and opportunities. If you notice a sudden decline in access to training, development opportunities, or desirable assignments after raising concerns, it may be an attempt to retaliate. For example if you were set to attend a widely popular and exciting seminar in your field, but now have been told you cannot go that is something to dive deeper into. Make sure they give you a legitimate reason and always question it if it doesn’t make sense. Again if this is off the heels of you reporting or participating in something, that is something to take note of.
5. Hostile Work Environment
Retaliation can create a hostile work environment characterized by intimidation, bullying, or undermining behavior from colleagues or supervisors. If you experience such behavior after engaging in protected activities, it is crucial to address it promptly. Some behaviors may include rude comments, or not inviting you to something when everyone else is, or tearing you down in meetings. Also pay attention to their tone of voice and body language. That can be a tell tale sign if its intentional or that person is having a bad day and it isn’t about you. Read the full picture.
6. Change in Work Schedule or Conditions
Retaliation may manifest in changes to your work schedule, location, or other conditions that negatively impact your ability to perform your job effectively. These changes can be an attempt to retaliate by making your work environment uncomfortable or inconvenient. Unfortunately this is a very common form of retaliation. For example, say you are a seasoned server and have always worked a particular shift. You have seniority so you get the best shifts with the best tips. But then you make a complaint, and the next thing you know your schedule suddenly changes. That is a form of retaliation. The change has to correlate with any recent complaint.
7. Disproportionate Consequences
If you observe that your colleagues who engage in similar behaviors or activities do not face the same adverse consequences, it may indicate that you are being selectively targeted for retaliation. Are you being treated the same as another employee in the same situation? Now if you have received disproportionate consequences such as a schedule change, do not get emotional! I know you may want to ‘go off’ on them and call them out. But take a step back and calm down. The more you emotionally react to their behaviors the more it becomes about you and less about them. They now have a reason for your consequences. They can say you are insubordinate or you are the one creating a hostile work environment. So keep your calm and immediately report this behavior to human resources.
Taking Action Against Workplace Retaliation
Taking action against workplace retaliation is crucial to protect your rights and foster a positive work environment. Here are key steps to consider.
1. Document Instances
Maintain a detailed record of incidents related to potential retaliation. Include dates, times, descriptions, and any supporting evidence, such as emails, memos, or witness statements. This documentation will be invaluable if you decide to report the retaliation. If you remember one thing from this post is to always document everything! This will be your saving grace when it comes to the battle of who did and said what. If you have a detailed record with dates, times, quotes and behaviors, this will be vital to your success. This is most important if your manager is the one the complaint is about. You will need to write down everything and keep it in a safe place. Start a Word document and just start writing. You can also write down past relevant events that took place as well.
2. Research Policies and Rights
Familiarize yourself with your organization’s policies and procedures, as well as applicable employment laws. Understand your rights and protections against retaliation, including the available reporting channels and complaint procedures. Be sure to read your employee handbook. Most are pretty standard, but its important for you to be able to speak to it. For example retaliation is a form of harassment and most companies have a harassment policy. Encourage you to educate yourself on external reporting agencies as well, such as the EEOC. While you are documenting also educate yourself.
3. Consult an Employment Attorney
If you suspect workplace retaliation and believe your rights are being violated, consider seeking legal advice from an employment attorney. They can provide guidance on your specific situation, help you understand your rights, and offer recommendations on the best course of action. I encourage you to reach out to your human resources department first, but if they are not helpful or you don’t have human resources then absolutely seek out an employment attorney.
4. Report the Retaliation
If you feel comfortable and safe doing so, report the retaliation to the appropriate authority within your organization. Follow the established reporting channels outlined in your employee handbook or policies. Present your documented evidence and provide a clear, concise, and objective account of the situation. Remember you have already reported or shared something to be in such a position, so don’t stop reporting now. Retaliation is against the law. Do not let them get away with it. This is your livelihood and you need to protect it and yourself.
5. Engage Human Resources
If your organization has a human resources (HR) department, reach out to them to report the retaliation. HR professionals are trained to handle such matters and can guide you through the internal process, ensuring your concerns are addressed promptly and appropriately. If you do not have an HR department you will have to do a bit more digging for yourself on your rights, but that does not mean you should give up. I am available with any insights as well. Feel free to send me a message! If you do have HR please do go to them for guidance and next steps. Once a report has been made HR does address the individuals involved and advises them to avoid any behaviors that appear retaliatory. So they have been warned and if they continue to do it anyway, you need to report it.
6. Seek Support from Colleagues and Allies
It can be helpful to confide in trusted colleagues, mentors, or employee resource groups who can provide support, guidance, and insights. They may offer valuable perspectives, emotional support, or even advocate on your behalf within the organization. This can be a stressful situation and is always important to have support and allies in your corner. They too can also report whatever behaviors they have seen as well to add to the evidence.
7. Maintain Professionalism
While facing retaliation can be emotionally challenging, it is important to remain professional throughout the process. Focus on maintaining a strong work ethic, meeting performance expectations, and documenting any further instances of retaliation that may occur. As noted earlier, you need to not make it about you with your emotional response, but to keep the focus on them and their inappropriate behavior. Don’t let them turn the tables. Besides, nothing upsets someone more when they don’t get the reaction they are seeking. They are upset with you and they want to see you upset. So don’t feed into it. Instead report them.
8. Preserve Evidence
Preserve any additional evidence of retaliation that may occur after reporting. Save emails, voicemails, or any other documentation that can support your case. These records will strengthen your position and serve as evidence should the situation escalate. Also save any text messages, screen shot them and save them on a Word document. Make sure the screenshot shows their name as the individual sending the messages as well. Emails are key, so I encourage you to also screenshot those and save in a Word document, just to be on the safe side.
9. Follow Up on Reports
If you have reported the retaliation internally, ensure that you follow up with the appropriate parties to confirm that action is being taken. Document any interactions or conversations related to the investigation or resolution of the reported retaliation. HR can get pretty swamped and your complaint may be sitting on someone’s desk, so I always encourage you to advocate for yourself and follow up. The more persistent you are the more your case moves to the top of the pile. Typically these cases should be addressed quickly. The last thing a company needs is a lawsuit that your discrimination case was ignored!
10. Consider External Reporting Options
If internal reporting channels do not address the retaliation adequately, or if you face further retaliation for reporting, you may need to explore external reporting options. This can involve filing a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC), or pursuing legal action with the guidance of an employment attorney. If you have gone the HR route and nothing transpired from the investigation and you still feel you are being wrongly treated then seek out an attorney and file a complaint with external agencies. They will follow up and demand answers.
Final Thoughts
In conclusion, workplace retaliation is a serious issue that can have detrimental effects on employees and the overall work environment. Recognizing the signs of retaliation is crucial for individuals to protect their rights and well-being. By understanding the dynamics of workplace retaliation, documenting incidents, and seeking support from colleagues and mentors, employees can gather the necessary evidence and emotional support to take action. It is important to familiarize oneself with company policies, report instances of retaliation, and follow up on reports to ensure appropriate action is taken. In some cases, consulting an employment attorney or exploring external reporting options may be necessary. By taking these steps, employees can confront workplace retaliation, hold responsible parties accountable, and contribute to fostering a respectful and inclusive work culture. Lets create workplaces where retaliation has no place, and all individuals can thrive.
