Employees have very specific rights in the workplace, each of which is rooted in labor laws. One of these is that they can’t be terminated as a form of retaliation when they participate in any protected activity. All forms of retaliation, even if they aren’t as serious as wrongful termination, are illegal if they’re based on the protected activity.
There are a variety of protected activities that are covered. These include things like taking a lawful leave, filing a complaint about discrimination, reporting a safety hazard or participating in an investigation about any complaints. Employees must feel empowered to uphold their own rights, even when that means speaking up against their employer.
What is a retaliatory action?
Retaliation occurs when there is a negative employment action that’s directly attributed to the protected activity. It’s not limited only to termination. It also includes other actions like pay cuts, hour reductions, or undesirable shift changes.
Employees who participate in protected activities still have to follow the employer’s policies, as long as those policies are lawful. This means that they can still face negative employment actions if they break the rules, but those consequences must be the same as what anyone else would face if they did the same thing.
Any employee who feels they were wrongfully terminated should take a look at the totality of circumstances surrounding the termination. When retaliation or wrongful termination occurs, the employee has the right to take legal action. It’s best to work with someone who’s familiar with these options so they can assist throughout the process.
