Glossary > Employment Law > Termination And Dismissal > General

Retaliation

Retaliation in employment law refers to the act of an employer taking adverse action against an employee for asserting their legal rights, such as filing a complaint or participating in an investigation regarding workplace discrimination, harassment, or other unlawful practices. It can include firing, demoting, reducing pay, or any other negative treatment in response to an employee's protected activity.

Example #1

An employee reports sexual harassment by their supervisor, and shortly after, they are given unjustified negative performance reviews and eventually terminated.

Example #2

A worker requests reasonable accommodation for a disability, and the employer responds by cutting their hours and assigning undesirable tasks.

Misuse

Misuse of retaliation can create a culture of fear in the workplace, discouraging employees from speaking up against injustices or asserting their legal rights. This can lead to a toxic work environment where misconduct goes unaddressed, ultimately harming both employees and the company's reputation.

Benefits

Protecting employees from retaliation fosters a workplace where individuals feel safe to raise concerns and advocate for fair treatment. It encourages a culture of compliance with employment laws and promotes transparency and accountability within organizations.

Conclusion

Retaliation is a serious issue in employment law as it undermines the core principles of fairness and transparency. It is crucial to recognize and prevent retaliation to ensure that employees can exercise their rights without fear of reprisal.