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Is it Legal for My Employer to Retaliate Against Me?



Job retaliation occurs when your employer takes a negative action toward you because of a legal action you took. Retaliation may occur because an employee files an HR complaint, workers' compensation claim or discrimination complaint, or serves as a whistleblower on illegal activity.

Examples of retaliation include:

  • Terminating you
  • Cutting your hours or scheduling you for less desirable shifts
  • Demoting you
  • Reducing your salary
  • Giving you a negative performance review

Employment retaliation is illegal under a number of federal and state laws.

If You're the Victim of Job Retaliation

If you think you've been retaliated against, you should talk to your boss or your company's human resources department. Try to take a non-confrontational approach. For example, "I've been moved from the day shift to the night shift. I prefer to work days. Can you help me understand why my schedule was changed?"

If your employer cannot offer a reasonable, believable explanation for the company's actions, then you should talk to an employment attorney.

Visit LawyerLocator to learn more about labor and employment law or to locate an employment attorney in your area.