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  • Writer's pictureMarcarian Law Firm

Top 5 Examples of Retaliation in the Workplace – Marcarian Law Firm

Updated: Dec 19, 2023


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The term workplace retaliation refers to a scenario in which an employer takes adverse action against an employee because the worker exercised a right or engaged in a legally protected activity.


1. Workload Increase

You can also be fired for complaining about the workload. If an employer does not have to prove that it’s not a pretext for retaliation, then you may still be able to file a claim against them if you’re fired after asking for help with your work.


The employer must be able to show that the increase in workload was not a pretext for retaliation. This means they need evidence such as notes from managers or HR staff saying there were more projects than usual, or documents showing how much time and money went into completing those project deadlines!



2. Bad Job Assignment

A bad job assignment is one where the employee is assigned to do a different job than what was stated in their job description.


3. Loss of benefits and/or pay

You can’t take away your employee’s benefits or pay because of a complaint, lawsuit, or union dispute.

If you think about it, this makes sense: if an employer retaliates against an employee for making a complaint or filing a lawsuit against them in court (and in some cases even just talking to their lawyer), then the company should lose out on revenue from those employees who would otherwise have stayed attached at their jobs rather than quit and file complaints.


4. Termination

If you’ve been fired from your job, it’s important to know that the termination may not have been fair. You should be able to prove that your termination was based on a discriminatory reason. If you can’t prove this, then there is no reason for retaliation in the workplace because employees who are fired for poor performance reviews often don’t have any legal grounds for bringing lawsuits against their employers or coworkers.


5. Assigning Undesirable Shifts

Assigning undesirable shifts is an example of retaliation. You may be retaliated against if your supervisor assigns you a shift that is too early or late in the day, causes you to get sick, or makes it impossible for you to attend important events on time.

The best way to avoid this type of situation is by communicating with your manager about how often they ask for feedback from their employees about their schedules and how much control they should have over those schedules—and then following up with them directly if needed!


All These Scenarios Violate the Law

Retaliation is illegal in all circumstances, and the following examples are just a few ways that employers can retaliate against employees:

  • An employer demotes or fires an employee for reporting discrimination.

  • An employer makes it difficult for an employee to advance in the company, such as by creating an unfavorable work environment or making unreasonable demands on them.

  • An employer takes away the opportunity for promotion or raises because of a complaint filed against you by another employee or management team member (even if your complaint was baseless).

If you think you have been the victim of retaliation in the workplace, it is important to see an Employment Law Attorney for legal advice, right away. Let the Marcarian Law Firm help you today.

Marcarian Law Firm

818-995-8787

21650 W Oxnard Street, Suite 1980

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