Retaliation at Work: What It Looks Like and How to Fight Back

As an employee in Pennsylvania, you have clear legal rights. You have the right to speak up when you or a co-worker experiences harassment or discrimination, and you have the right to seek accountability when your employer violates the law. You also have the right to exercise the protections afforded to you as an employee—from your right to participate in “concerted activity” under the NLRA to your right to take job-protected leave under the FMLA.

If you have experienced any form of adverse employment action after asserting your legal rights, you may be a victim of retaliation. Several laws prohibit employers from retaliating against their employees, and these laws also allow employees to hold their employers accountable when they retaliate unlawfully.

10 Examples of Unlawful Retaliation at Work

Are you a victim of retaliation at work? While determining whether you are a victim of retaliation requires an in-depth assessment of your individual circumstances, here are 10 common examples of unlawful retaliation:

1. Termination of Employment

Termination of employment is among the most common forms of unlawful retaliation. If you lost your job after filing a complaint or taking any other action that you were legally entitled to take, you may have a wrongful termination claim under Pennsylvania or federal law.

2. Demotion

Demotion is a common form of unlawful retaliation as well. If you were demoted after you came forward and there is no other rational explanation for this reversal in your employment trajectory, you may have a retaliation claim against your employer.

3. Pay Deduction

Pay deductions—with and without demotions—can also be (and frequently are) retaliatory. Here too, if there is no other rational explanation for why your employer suddenly decided to reduce your pay, you may have an unlawful retaliation claim.

4. Reassignment

If you were reassigned to a less-desirable job or a position with fewer opportunities for advancement, this could also justify a retaliation claim under Pennsylvania or federal law. As you will see from the remainder of this list, any type of adverse employment action that is retaliatory in nature can justify a claim for damages, reinstatement and/or other remedies.

5. Relocation

Along with reassignment, relocation is another common way that employers will attempt to retaliate against employees without going so far as to fire or demote them. If you were assigned to a less-desirable location, if you are being forced to relocate your family, or if you are being isolated at work, these could all serve as grounds to pursue a retaliation claim against your employer.

6. Disparate Treatment

Along with unjustified demotions, pay deductions, reassignments and relocations, other forms of disparate treatment can also be retaliatory in nature. If you are being treated dissimilarly to your co-workers in any way after speaking out against your employer, you could have grounds to take legal action.

7. Passing Over for Pay Raises and Promotions

Your employer doesn’t necessarily have to demote you or reduce your pay in order to engage in retaliatory action affecting your employment status. It can also retaliate against you on a go-forward basis. If you get passed over for a pay raise or promotion after speaking out, this could serve as clear grounds for an unlawful retaliation claim as well.

8. False Complaints and Unjustified Disciplinary Actions

As an employee, having a false complaint or unjustified disciplinary action on your employment record can significantly impair your future career prospects. These are common forms of retaliation as well; and, in addition to seeking damages and other remedies, employees who are victims of retaliation can also seek to have their records cleared.

9. Harassment

Harassment in the workplace is another common form of retaliation, whether sexual in nature or otherwise. If you experience harassment on the job after coming forward, this is another scenario in which you may be entitled to various remedies.

10. Constructive Discharge

A “constructive discharge” involves making an employee’s working conditions so untenable that the employee has no choice but to leave. If you were left with no practical option but to leave your job as a result of the way you were being treated, this is yet another scenario in which an unlawful retaliation claim may be warranted.

Again, these are just examples. Unlawful retaliation can (and does) take other forms as well. If you believe that you have experienced any form of retaliation as an employee, it will be worth speaking with a Philadelphia employment retaliation lawyer about your legal rights.

How to Fight Back if You Are a Victim of Employment Retaliation

If you are a victim of unlawful employment retaliation, what can (and should) you do to fight back? In this scenario, you should:

• Take Notes and Preserve as Much Evidence as Possible – If you have a retaliation claim, it will be important to present your claim with as much support as possible. With this in mind, you should take detailed notes, and you should keep copies of any relevant documentation.
• Keep Doing Your Job (if Possible) – If you are still employed, you should keep doing your job to the extent that you can. While this can be hard, you do not want to give your employer anything it can use against you, and this is a situation where two wrongs do not make a right.
• Talk to a Lawyer About Taking Legal Action – To ensure that you are making informed decisions with your long-term best interests in mind, you should talk to a lawyer about taking legal action. An experienced Philadelphia employment retaliation lawyer will be able to assess your situation, explain your options, and take appropriate legal action on your behalf.

Discuss Your Situation with a Philadelphia Employment Retaliation Lawyer for Free

At Murphy Law Group, we provide experienced legal representation for employees in Philadelphia and the surrounding areas who need help asserting their legal rights. To discuss your situation with an experienced Philadelphia employment retaliation lawyer for free, call 267-273-1054 or request a confidential consultation online now.