Retaliation. It’s one of the most common (and frustrating) problems American employees face.
It’s also incredibly common. But the worst part is many of these employees don’t even know they’re being retaliated against until it’s too late.
But there is hope:
Employees who educate themselves on what retaliation actually looks like can protect themselves and prevent further abuse.
Here’s what you need to know:
- What Is Workplace Retaliation?
- Warning Signs That Your Boss Targets You
- Retaliation Claim Valuation Explained
- Steps to Protect Yourself
- When to Take Legal Action
What Is Workplace Retaliation?
Workplace retaliation occurs when an employer punishes an employee for engaging in a legally protected activity.
Protected activity? But wait…
Protected activities include reporting discrimination or harassment, filing a safety complaint, or even participating in an investigation. These are things employees have a right to do.
When an employer takes negative action against an employee because they did one of these things…that’s retaliation. Plain and simple.
And it’s illegal.
The Equal Employment Opportunity Commission (EEOC) states that retaliation is the most frequently alleged basis of discrimination in the federal sector. Yikes. In fact, retaliation charges totaled 42,301 in fiscal year 2024, making it the most common type of workplace discrimination charge filed.
Take a moment and let that sink in.
The Warning Signs Your Boss Targets You
Retaliation can come in many different forms. It’s not always something as obvious as being fired from a job.
Other times, it’s more passive aggressive. Slipping under the radar but still there if employees know what to look for.
These are the common warning signs a boss targets you after an employee engaged in a protected activity:
- Negative performance reviews after a long line of positive ones
- Removal from meetings that they would normally be included in
- Transfer to less desirable work or less desirable shifts
- Unexpected demotion or pay reduction
- Increased surveillance or scrutiny of work not previously scrutinized
- Isolation or separation from the rest of the team or staff
Timing is key.
Negative treatment that coincides with filing a complaint or participating in protected activity is probably retaliation. Oftentimes, employers try to disguise retaliation as a “performance issue” or “business decision”. But the timing of the negative treatment tells a different story.
Retaliation Claim Valuation Explained
But what happens when retaliation occurs? How much is a retaliation claim worth?
Retaliation claim valuation comes into play here.
The value of a retaliation claim is based on several factors that the court or an attorney considers in calculating damages.
Some of the major factors in retaliation claim valuation include:
Lost Wages and Benefits
This is usually the largest part. It includes back pay from the date of retaliation through the date of resolution. It may also include projected lost wages and future earnings if career advancement is hampered.
Emotional Distress
Retaliation can take a mental and emotional toll. Anxiety, depression, stress, and other emotional responses to workplace retaliation are all factored into the claim value. Documentation from mental health professionals can greatly assist with these claims.
Punitive Damages
In cases where the employer’s conduct was especially egregious or malicious, the court may award punitive damages. These are designed to punish the employer and deter future violations.
Attorney Fees
Retaliation claims that are successful in recovering damages often result in the employer being ordered to pay legal expenses. It’s good to note that this is important because it incentivizes employees to come forward with valid claims.
In 2024, nearly $700 million was recovered by the EEOC for victims of discrimination. That’s a large number that shows just how seriously these types of claims are taken and the financial repercussions employers may face.
Steps to Protect Yourself
Things don’t feel right. Things are getting bad. Employees suspecting retaliation may ask themselves “what does retaliation look like?” or “what do I do now?”
It’s crucial to know the steps to take to protect yourself.
- Document everything
- Reporting through appropriate channels
- Be aware of the timeline for filing
- Seek legal counsel early
Document everything
This is a good starting point for protecting against retaliation and keeping records of possible signs of retaliation. Start documenting right now. Save emails and write down as much as possible. Note dates and times of conversations. The more detailed the notes the better.
Report through appropriate channels
Internal processes for filing complaints exist for a reason. Report the issue or incident through HR and human resource management processes first. This creates an official record of the complaint.
Employers are then forced to address the issue. If they ignore or dismiss it… well that only helps any future legal claim.
Know the timeline
Deadlines for filing retaliation claims exist and are critical. Missing a deadline can derail an otherwise valid and strong case.
Generally, claims must be filed within 180-300 days depending on the state in which the employee resides. But deadlines vary by state and type of claim, so it’s good to do your research.
Seek legal counsel early
Don’t wait until things get worse. Employment attorneys can evaluate the situation and advise on the best course of action before things get any further out of hand. Most offer free consultations to see if the case has merit.
Getting ahead of the situation and speaking with legal counsel early on is the best way to protect your rights and have a strong case.
When to Take Legal Action
Not every negative workplace situation is retaliation. But some things are absolutely considered crossing the line.
Legal action is probably the next best course of action when:
- Documentation clearly shows a connection between the protected activity and the negative treatment received
- Internal complaints have been made but the employer has ignored the complaint or made things worse for the employee
- The employer’s actions have led to significant financial or emotional damages for the employee
- The employer continues a pattern of retaliatory behavior even after the employee has made attempts to resolve it internally
The point is this:
Many employees are afraid of taking action because they’re worried it will make things worse. Retaliation is more common than many realize. Most employees will never say a word in fear of losing their job. But staying silent doesn’t make it go away. In fact, it often makes it worse.
The protections are in place for a reason. Utilizing them and knowing your rights doesn’t make an employee a problem. It makes them someone who knows when they are being wronged and will not be walked over or ignored.
Taking it All In
Workplace retaliation is a huge problem in today’s workforce.
Look at the numbers. Retaliation charges in the tens of thousands are filed every single year. That’s just the cases reported. The employees who suffer in silence because they don’t know what retaliation is or what their options are are even higher.
And that’s the takeaway:
Employees have rights and legally protected activities are… protected. When employers violate those rights and punish workers for doing what they have every right to do, they should be held accountable.
Knowing the signs of retaliation is the first step. Documenting everything is the second step. Knowing when to seek help is the key.
Separating those who get stuck in a toxic environment from those who speak up and fight back is as simple as educating oneself and standing up for your rights.
Retaliation claim valuation isn’t just about dollars and cents. It’s about accountability and making sure that employers think twice before retaliating against employees that speak up and do the right thing.
The system is there for a reason. Use it.
Pay attention to the warning signs. Keep those records. And don’t be afraid to explore legal options when something just doesn’t feel right.
Because everyone deserves a workplace free of retaliation.
