5 Signs of Retaliation in the Workplace and How to Prove It

Retaliation occurs when an employer takes an adverse action against an employee for engaging in or exercising their rights that are protected under the law. Common activities that may incite retaliation include the following:

      • Refusing to commit illegal acts despite your employer’s direction or request to do so
      • Requesting or taking a leave of absence under the Family and Medical Leave Act (FMLA)
      • Filing a claim against your employer with the federal Equal Employment Opportunity Commission or the Connecticut Commission on Human Rights and Opportunities (CHRO).
      • Complaining to your employer about workplace discrimination or harassment
      • Whistleblowing against your employer in an effort to thwart illegal or fraudulent practices
      • Filing for workers’ compensation benefits
      • Participating as a witness in an EEOC or any other legal case against your employer

If following one or more of these actions, you faced undue consequences or noticed other signs of retribution; you may have grounds for a legal retaliation claim.

5 signs of retaliation

Retaliation can take many forms, and any negative action taken by an employer which is severe enough that it might deter a reasonable employee from exercising their legal rights is likely to be sufficient to support a legal claim of retaliation. But, the following types of employment actions are often involved in many retaliation cases:

      • Demotion – Losing status, responsibilities or seniority privileges associated with your position, or being assigned a lower-ranking position
      • Termination – Being let go from your position
      • Salary reductions or loss of hours – Receiving a pay cut or losing regularly scheduled hours
      • Exclusion – Being intentionally kept out of staff meetings, trainings, or other activities made available to fellow employees
      • Reassignment – Being reassigned duties or rescheduled in a way that causes you undue hardship

Other common retaliatory tactics include sudden unwarranted negative performance reviews, warnings, or performance improvement plans (so as to build the case for your eventual termination), and likewise, citing poor performance as a reason to deny you a promotion you deserved.

Proving retaliation in CT

Proving that your employer retaliated against you may seem complicated, but with help from the right employment attorney, you can protect your rights in the workplace. After engaging in a protected activity such as whistleblowing, make sure to maintain a record of important events. This way you can keep track of any changes in how you are treated or shifts in your responsibilities.

Obtain legal representation from a skilled CT employment lawyer when you are fighting retaliatory tactics

As you review your legal options for filing a retaliation claim, seek guidance from the lawyers of Madsen, Prestley & Parenteau LLC. To learn more about how we can help protect your rights to employment, call (860) 246-2466, or contact us online.