Here are five recent examples of retaliation in the workplace. In some cases, similar treatment may act to increase the difficulty of ones job and leave a person wondering if changing jobs or careers might be necessary. Thats why its critical to think through your actions before you take them and even consider discussing the right course of action with an employment law attorney. Four Examples of Retaliation Neil is a cook at a restaurant and works an average of 50 hours a week. }); The Biggest Theft That Nobody Is Talking About, Maryland Passes Two Bills To Strengthen Anti-discrimination and Harassment Protection In The Workplace, AutoZone announced it would drop its challenge, Why Starbucks Workers Are Facing Challenges to Unionize. The California Labor Law Employment Attorneys Group wants to make sure employers like this are punished for their crimes. This is a classic case of retaliation: Jane complained about sexual harassment, and you punished her by moving her to a different shift. region: "na1", Whitehurst claims she was retaliated against for filing a sexual harassment claim, by being reassigned to the lower position. Sprinkling a run-of-the-mill employment gripe with words like discrimination does not transform it into protected activity if nothing in the substance of the complaint suggests that the complained-of activity is, in fact, unlawfully discriminatory.. Should you decide to move forward with your workplace retaliation case, we will act as your advocates and advisors from the initial consultation to the final settlement. In April, Deborah had another migraine that caused her to be out on FMLA leave for two days. Many workers at Starbucks claim its the result of union busting. If you have already discussed your case with an attorney, wed still like to hear your claims. information only on official, secure websites. We do not handle any of the following cases: And we do not handle any cases outside of California. This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. 2023 Ted H.S. If an employee is fired as a result of illegal retaliation, they may also have a wrongful termination claim. In this example, the workers were denied food and water and physically threatened by their employer, which is prohibited as retaliation and a violation of their worker rights. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. As you could imagine, the plaintiff was a bit of a frequent flier at the EEOC. Court of Appeal of California, Sixth Appellate District, Court of Appeal of California, Second Appellate District, Division Four, United States District Court for the Northern District of California. The following examples can have adverse effects on an employee and can be considered workplace retaliation if the action occurs after an employee advocates for their work rights or refuses to participate in illegal activities on behalf of their employer: While this list is not exhaustive, it provides a general overview of actions that can be considered workplace retaliation. In Arizona, the minimum wage is $12.15 per hour for non-tipped employees and $9.15 per hour for tipped employees. Contact us to learn more about our team and schedule a consultation. Whitehurst refused and filed a lawsuit against Schuch. Examples of workplace retaliation As an employee, you should be aware of all the various ways that you can be targeted by your employer. [CDATA[/* >