Houston, TX – Employers are not allowed to take any adverse reactions against their employees for exercising their civil rights or reporting legitimate workplace problems. However, many employers do try to find ways to illegally harm their workers, even when they have no basis to do so.
Legitimate claims of retaliation
For an actionable claim of retaliation, there needs to be some effect on the victim’s employment. Even if other workers or managers start to treat the victim differently, but no actions are taken in terms of pay, benefits, or employment status, this is likely not considered retaliation. However, sudden changes in the demeanor of certain other workers after things like a complaint, lawsuit, or request for leave time should raise the victim’s suspicions.
Various kinds of performance reviews are often used as a pretext for retaliation. If a worker has had consistently good performance reviews for their entire history with a company, then they are suddenly told that their work performance is poor after reporting sexual harassment or discrimination, this can be used as a tactic to force an employee out of their position. Some companies may even utilize bad performance reviews as a way of giving a worker a demotion.
This is the most obvious kind of retaliation because the employer is directly taking the victim’s position away. If an employee is suddenly terminated from their job for dubious reasons, it can be easy to present circumstantial evidence of their firing along with the suspected action by the employee that prompted this kind of reaction.
Changing a worker’s job duties
Some companies may suddenly force a worker to move into a position that they are not qualified for or not likely to be pleased with. This is often used as a pretext to give poor performance reviews later, or the employer may be secretly hoping that the worker will quit due to dissatisfaction with their new job duties. If the worker is legitimately not qualified for this position or lacks experience, this can obviously cause problems as well.
It is possible that multiple workers within the company start acting differently around someone who is a victim of retaliation. Whether this amounts to retaliation or not is highly fact specific, but it is possible that someone will lose interest in the company and leave if they are in a hostile work environment. The victim should collect evidence of these changes and present them to their attorney.
Texas employment law attorneys
Moore and Associates is a firm that dedicates their time to helping people with wage issues, discrimination cases, sexual harassment, and other workplace problems. Consultations are available to individuals who believe that their employer has violated their rights.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002