Employees have specific protections under federal and state labor laws. One of these is that their employer can’t retaliate against them if they engage in a protected activity. This ensures that employees can participate in those activities freely.
Understanding what constitutes a protected activity and what’s considered retaliation may be beneficial to employees.
What are protected activities?
Protected activities vary greatly. Many are centered around employees being able to report situations, such as discrimination, harassment, safety violations and illegal activities. It also includes other activities, such as taking leave under the Family and Medical Leave Act or filing for workers’ compensation benefits after a work-related injury or illness.
What counts as retaliation?
Employment retaliation is any negative employment action that’s taken against an employee because they engaged in a protected activity. This can be obvious actions like termination, unwarranted negative performance review or a reduction in pay. It can also be more subtle, such as failing to inform the employee of required meetings or making the workplace uncomfortable for them.
Employees who engage in a protected activity can still face disciplinary measures for violating lawful company rules. The discipline has to be what any employee would receive if they did the same activity.
Any employee who believes they were the victim of retaliation should ensure they learn about their legal rights. These cases can become complex, so it might be beneficial to work with someone who’s familiar with these matters. It’s critical to take swift action because time limits apply to these cases.
