Employer Retaliation

EMPLOYER RETALIATION:

What Every Injured Worker Needs to Know to Protect Their Job, Income, and Future

INTRODUCTION

You were injured on the job.

You reported the injury.

You sought medical treatment.

You filed a workers' compensation claim.

Now things feel different.

Your supervisor avoids you.

Your hours have been reduced

You are suddenly being criticized for things that were never a problem before.

You may be wondering:

"Can my employer do this?"

Many injured workers experience fear after a workplace injury.

Some fear losing their jobs.

Others fear being treated differently.

Still others fear that reporting an injury will make them appear disloyal or troublesome.

The purpose of this guide is to help you recognize potential retaliation and understand how to protect yourself.

CHAPTER 1

WHAT IS EMPLOYER RETALIATION?

Retaliation occurs when an employer takes negative action against an employee because the employee exercised a legal right.

Examples of protected activities often include:

Reporting a workplace injury

• Filing a workers' compensation claim
• Requesting medical treatment
• Reporting unsafe conditions
• Participating in an investigation
• Cooperating with government agencies
• Requesting accommodations for injuries

Retaliation can be obvious.

Sometimes it is subtle.

Both can be harmful.

CHAPTER 2

THE WARNING SIGNS OF RETALIATION

Many workers expect retaliation to look like termination.

In reality, it often begins much earlier.

Common warning signs include:

Sudden Negative Performance Reviews

You were a valued employee for years.

Then immediately after reporting an injury:

• You are criticized.
• Written up.
• Disciplined

Pay attention to timing.

Reduced Hours

A significant reduction in scheduled work hours may affect:

• Income
• Benefits
• Advancement opportunities

Demotion

Employers sometimes move injured workers into lower-paying positions.

Unwanted Transfers

A transfer may be retaliatory if designed to:

• Punish
• Isolate
• Pressure you to quit

Harassment

Examples include:

• Threats
• Intimidation
• Ridicule
• Humiliation
• Hostile treatment

Exclusion

Suddenly being excluded from:

Meetings

Training

• Opportunities

Promotions

can be evidence of retaliation.

Termination

The most obvious form of retaliation is losing your job.

However, employers rarely admit retaliation.

Instead, they often offer another explanation.

CHAPTER 3

WHAT EMPLOYERS OFTEN SAY

Many workers hear statements such as:

"You're not a team player."

"You've become a problem."

"We need someone who can do the work."

"Your position has been eliminated."

"Business is slow."

Some explanations may be legitimate.

Others may not.

The key question is whether the adverse action would have occurred if the injury had never happened.

CHAPTER 4

DOCUMENT EVERYTHING

Documentation can make the difference between proving retaliation and merely suspecting it. Keep records of:

Conversations

Write down:

Date

• Time
• Participants
• What was said

Do this immediately.

Memories fade.

Emails

Save:

Emails

• Text messages

Internal communications

Do not assume you will have access later.

Performance Reviews

Keep copies of:

• Positive reviews
• Awards
• Recognition
• Evaluations

These documents may become extremely important.

Witnesses

Identify coworkers who observed:

• Comments
• Threats
• Harassment
• Changes in treatment

CHAPTER 5

THE TIMING MATTERS

One of the strongest indicators of retaliation is timing. Ask yourself:

What happened after I reported my injury?

Examples: Monday: You report injury.

Wednesday: You request medical treatment.

Friday: You receive your first disciplinary notice.

That sequence may be important.

The closer the negative action occurs to the protected activity, the more carefully it should be examined.

CHAPTER 6

SHOULD YOU QUIT?

Many injured workers become frustrated and want to resign.

Be careful.

Quitting may affect:

• Income

Benefits

• Legal claims

Before making that decision, gather information and seek advice.

A decision made in anger can create lasting consequences.

CHAPTER 7

WHAT YOU SHOULD DO IF YOU SUSPECT RETALIATION

Step 1

Stay professional.

Do not lose your temper.

Do not make threats.

Do not engage in arguments.

Step 2

Continue performing your duties to the best of your ability.

Step 3

Document everything.

Step 4

Preserve emails and messages.

Step 5

Follow medical restrictions.

Do not ignore your doctor's instructions to satisfy an employer.

Your health comes first.

Step 6

Seek legal advice if concerns continue.

CHAPTER 8

COMMON MYTHS

Myth #1

"If I complain, things will get worse." Sometimes workers stay silent out of fear.

Silence often benefits the wrong people.

Myth #2

"My employer can do anything they want."

Employers have significant rights. Employees have rights too.

Myth #3

"I have no proof""

Many retaliation cases begin with a worker who simply notices that something has changed.

The proof often develops over time.

Myth #4

"If I get fired, there's nothing I can do."

That is not always true.

The facts matter.

The timing matters.

The evidence matters.

CHAPTER 9

PROTECTING YOUR FUTURE

The days and weeks following a workplace injury are often confusing.

Remember:

You have the right to:

• Report injuries
• Seek medical treatment
• Follow medical advice
• Protect your health
• Ask questions
• Understand your options

Do not allow fear to dictate your decisions.

Knowledge is protection.

Documentation is protection.

Professional advice is protection.

RETALIATION PROTECTION CHECKLIST

• Report injury promptly
• Follow medical advice
• Save emails and texts
• Keep copies of reviews
• Maintain a journal
• Identify witnesses
• Stay professional
• Preserve evidence
• Consult an attorney if concerns arise

FREE EMPLOYER RETALIATION CASE REVIEW

Have you been:

• Fired?
• Demoted?
• Harassed?
• Disciplined?
• Threatened?
• Treated differently after reporting a workplace injury? You may have important legal rights.

For a confidential consultation, contact:

PAUL A. SAMAKOW, ESQ