There are many ways that businesses can violate the rights of workers. Some employees file lawsuits against their employers because of harassment they experienced in the workplace. Sometimes, workers bring claims against their employers for violating their rights. Companies may refuse to let workers take medical leave or fail to comply with wage regulations.
Quite a few work-related lawsuits begin with allegations of retaliation. Retaliation occurs when an employer punishes a worker for something that should not have career consequences. There are several different ways that businesses might inappropriately punish workers for asserting themselves in the workplace. What does retaliation often involve?
1. Inappropriate discipline
Companies may retaliate against workers by beginning questionable disciplinary efforts. In some cases, the organization may start producing negative performance reviews. A worker who has continued to do their job as normal may suddenly receive a lot of critical feedback implying that the quality or efficiency of their work does not meet company standards.
Other times, the company may begin writing up a worker for seemingly minor issues. Especially when the same issues did not cause write-ups for that worker previously or when the company declines to write up other workers for similar behavior, that can be a warning sign of ulterior motives. Performance improvement plans and progressive discipline can help companies hide an attempt to retaliate.
2. Termination
The motivation behind writing workers up or creating is often to justify a decision to terminate that employee. By creating a paper trail indicating that the worker has violated company policy or failed to meet employer expectations, the company can effectively try to justify a retaliatory firing.
Terminating workers who report safety concerns, inform their employers of harassment or otherwise hurt their protected rights is a common and inappropriate form of employer retaliation.
3. Unrequested transfers
Companies attempting to eliminate workers who have asserted their rights or exposed employer misconduct may try to push the worker into quitting. Transfers are one way of diminishing a worker’s satisfaction with their job.
Moving them to another position could limit their opportunities for career advancement. Transferring them to a different shift or facility might make their continued employment with the company unsustainable.
If a company has to address misconduct by conducting a transfer, the workers mistreating others should be the ones moved to a different shift or facility, not the ones facing that mistreatment. Recognizing retaliation when it occurs can help employees identify violations of their rights.
Those who have experienced wrongful termination or actions likely to culminate in wrongful termination may need help asserting themselves. Employees can fight against business misconduct by filing civil lawsuits that seek financial compensation or reinstatement to their prior position.
