Employees have many rights in the workplace, some of which center around ensuring they can speak up when something is amiss in the workplace. This can include filing complaints about discrimination and harassment, but it can also involve ones around labor laws like the Family Medical Leave Act that aren’t complied with.
When an employee speaks up about anything that’s considered a protected activity, they shouldn’t have to worry about an employer taking negative employment actions. Retaliation by employers is specifically outlawed in those cases.
What’s considered a negative employment activity?
A negative employment activity can encompass many actions by the employer. These include extreme actions, such as termination or demotion. It can also include less-obvious actions, such as failing to tell employees about critical meetings or creating a hostile work environment. Even actions like moving the employee to a less desirable shift or location can be considered retaliation.
The key in these cases is that the negative employment action must be directly tied to the protected activity. Engaging in a protected activity doesn’t give an employee the ability to break company policy or do whatever they want. Employees who violate established policies can still be reprimanded in the same manner as any other employee would if they did the same thing.
Employers have a duty to prevent retaliation, so having clear policies regarding this matter is critical. If an accusation of retaliation occurs, both sides need to ensure their rights are being protected. This may require them to have someone on their side who can assist them as they handle this matter.