Signs of Retaliation in the Workplace and How to Prove it

Standing up for what is right, such as speaking up on discrimination or harassment in the workplace, is your legal right as an employee. Unfortunately, instead of resolving the problem, some employers may respond with subtle pushbacks or outright punitive actions. If you have encountered a situation where you are being punished, not for failing your duties but simply for standing up for what is right, you are likely facing workplace retaliation. In this guide, we explain what retaliation in the workplace means, signs to look out for, and actionable steps to prove it.

Retaliation in the Workplace: What Is It?

Retaliation in the workplace occurs when your employer takes negative actions against you for speaking up about an injustice or illegality in the workplace. This may include reporting discrimination, harassment, asking for fair pay, or even filing a compensation claim in the event of a work-related injury or illness. In New Jersey, employees are protected from retaliation for asserting their rights.

Top Warning Signs of Workplace Retaliation

Knowing the signs that your employer is retaliating against you is crucial, as this can help address the situation before it escalates. Some of the top warning signs of workplace retaliation include the following:

Sudden Negative Performance Reviews

A common workplace retaliation sign is when your previously positive performance reviews suddenly turn negative. If you have experienced a drop in your performance reviews only after speaking up about something unfair or illegal at work, your employer may be retaliating against you in an attempt to form a “reason” for termination or demotion.

Reduction in Hours or Pay

Has your employer cut your hours or salary without any explanation? If you have recently spoken out about workplace misconduct and are facing a reduction in pay or hours, it could be a sign of retaliation. 

Hostile Work Environment

Another top indicator of workplace retaliation is if you are now experiencing mistreatment, being ignored, or hostility from colleagues or supervisors after raising concerns about workplace misconduct. Document such hostility as these actions, albeit subtle, can be used to claim damages.

Exclusion From Meetings or Projects

If you are suddenly excluded from projects, meetings, or other vital discussions after exercising your rights, this may be a sign of retaliation.

Sudden Disciplinary Actions

If your employer suddenly starts issuing warnings or write-ups over minor or fabricated issues for speaking out about illegality or unfairness at work, take it seriously and document everything. A pattern of unfair targeting can help prove retaliation.

Demotion or Termination

Sometimes, retaliation can be as overt as experiencing demotions or outright termination. If you have been demoted or feel at risk of a wrongful termination, contact an employment lawyer to protect your rights.

Proving Retaliation in the Workplace

To prove workplace retaliation, you must show that you engaged in a protected activity, faced negative consequences, and that the adverse action resulted from your protected activity. Your employer may defend themselves by fabricating claims of poor performance or misconduct, often missing from prior reviews. To counter such claims, document everything and establish the timing between your actions, like reporting issues and retaliation. Also, show that your employer and company decision-makers knew you reported a problem at work. Evidence like emails or meeting notes can help demonstrate this knowledge and connect your actions to the retaliatory consequences.

Contact a New Jersey Employment Lawyer

If you suspect retaliation in your workplace, contact our experienced New Jersey employment lawyer at The Trabosh Law Firm for a consultation today.

Posted in