Speaking up at work can be uncomfortable. You might report something you believe is seriously wrong, expecting the company to look into it, only to find that things suddenly become difficult for you.
Maybe your hours are cut. Maybe your manager begins treating you differently. In some cases, you might even be demoted or fired.
If something like this happens after your report misconduct, don’t assume it’s just bad luck. Start by keeping track of what happened and figuring out what options are available to you.
Keep reading on to learn four key steps.
Save Your Evidence
The first thing to do is save anything that could help explain what happened.
Keep copies of emails, messages, complaints you made, responses from your employer, performance reviews, schedules, and pay records. If you have a conversation that seems important, write it down as soon as possible. Include what was discussed and who was there.
Pay attention to the timing, too. Let’s say you reported a problem on Monday. Then, on Tuesday, you received a disciplinary warning. That’s something you need to make a note of.
Check the Rules
Workplace retaliation laws are complicated. The rules typically depend on what you reported as well as where you work.
Some laws protect employees who report certain types of misconduct, discrimination, safety violations, wage issues, or other unlawful activity. But not every workplace disagreement or negative experience qualifies as retaliation.
That’s why it’s worth looking at the rules that apply to your particular situation. Check your company’s policy, too. This is particularly vital if you reported the issue through an internal complain system.
File a Claim
If you believe you employer retaliated against you, you might have the option of filing a complaint. This will be with an appropriate government agency. Or you might have to pursue a legal claim.
The right process depends on what happened. Some workplace complaints have specific deadlines. As a result, you can’t wait too long. Doing so could affect your options.
This is also where having your evidence organized helps. Rather than trying to remember everything months down the line, you’ll have a timeline to help. You’ll be able to show what you reported and what happened afterward.
Look at the rules in your area thoroughly. Each state – and even more niche areas – will have different rules. For example, someone researching a San Jose retaliation claim practice will be based in California. That way, you know what local rules apply.
Talk to a Lawyer
You don’t have to figure it all out by yourself. In fact, you shouldn’t.
An employment lawyer will help. They have the knowledge and experience to help you. When you are worried about being punished because you blew the whistle, an attorney will review the facts. Then, they can explain the available options.
Just be sure to bring your documents with you. All of these details matter. Your lawyer needs to understand the bigger picture, so include your original complaint and anything that happened afterward.
To conclude, workplace retaliation feels isolating. You believed you were doing the right thing, reporting misconduct, but you are being punished for it. Maybe your boss – and your colleagues – have turned against you. This is unpleasant.
But don’t just accept this. Take the right steps – like those shown above – and you will hopefully find a suitable resolution.
