If you’re reading this, you may already feel something isn’t right at work. You might have taken a stand, reported wrongdoing, or simply exercised your rights, and now you suspect your employer is treating you differently. Workplace retaliation is more than just a frustrating situation. It can jeopardize your career, income, and sense of safety at work. For many employees, this leads to a spiral of stress that affects their mental and emotional health and overall well-being.
It’s natural to feel isolated when you notice signs of retaliation at work. Many people fear speaking out or taking legal action because they worry about losing their jobs or being singled out in their industries. But you are not alone. At Smithey Law Group LLC, we guide employees in Maryland through the complex process of identifying retaliation and fighting back with the law on their side.
Reasons for Workplace Retaliation
Retaliation in the workplace typically occurs when an employer punishes an employee for engaging in a legally protected activity. These legally protected activities may include:
- Reporting discrimination or harassment,
- Filing a complaint with HR or a government agency,
- Requesting a reasonable accommodation for a disability or religion,
- Taking protected medical or family leave under the Family Medical Leave Act (FMLA),
- Participating in an investigation or lawsuit against the employer,
- Raising concerns about unsafe working conditions, and
- Discussing wages or other protected topics with coworkers.
An employer may not retaliate against you simply because you exercised your rights. Unfortunately, retaliation often comes disguised in subtle or indirect ways, making it difficult for employees to recognize or prove.
Examples of Retaliation
Workplace retaliation can take many forms. Some are obvious, others more insidious. Understanding the signs of retaliation at work is the first step to protecting yourself. Below are common examples of retaliation, including early warning signs.
- Negative performance reviews without justification. A sudden drop in performance evaluations, especially after a history of strong reviews, can signal retaliation. This is particularly suspicious if no measurable change in your work quality has occurred.
- Demotion or loss of responsibilities. Have you been stripped of key responsibilities, removed from important meetings, or reassigned to less favorable shifts or tasks? These can be acts of workplace retaliation.
- Isolation or exclusion. If you’re suddenly left out of internal communications or workplace events, it may be an attempt to marginalize you following a protected action. This is a typical workplace retaliation tactic.
- Harassment or hostile treatment. Increased scrutiny or micromanagement can be tactics used to create a toxic environment intended to push you out. This can also escalate to verbal abuse.
- Denial of promotions or opportunities. Your employer may be retaliating if you’re passed over for promotions or raises after engaging in a protected activity. This can also apply to professional development opportunities.
- Increased disciplinary actions. Have you received a disciplinary write-up or warning for minor infractions previously ignored? These can signal retaliation.
- Termination. One of the most clear-cut examples of retaliation is termination. If your employer terminated you for exercising a legal right, you have a case for retaliation.
The key is to observe changes in treatment that occur shortly after your protected action. Timing matters in retaliation cases and may help establish a clear link between your protected activity and your employer’s adverse actions.
Legal Remedies for Workplace Retaliation
Federal and state laws protect employees from retaliation. In Maryland, the Maryland Fair Employment Practices Act and various federal laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Family and Medical Leave Act, prohibit employers from punishing employees for asserting their rights.
Legal remedies for retaliation can include:
- Reinstatement if you were wrongfully terminated,
- Back pay and lost wages,
- Compensation for emotional distress,
- Punitive damages in egregious cases,
- Attorney’s fees and legal costs, and
- Policy changes or training requirements for your employer.
To pursue these remedies, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Maryland Commission on Civil Rights. However, these cases are complex and can be overwhelming without legal counsel. [I’m a bit concerned that we include FMLA above but then say you can file with the EEOC- the EEOC does not have jurisdiction over FMLA claims].
What to Do If You Notice Signs of Retaliation at Work
If you suspect you are experiencing retaliation, taking immediate and strategic action can make all the difference. Here’s what you should do.
- Document everything. Keep a detailed record of incidents that suggest retaliation, including dates, times, names of those involved, and descriptions of the behavior or decisions made. Save emails, performance reviews, disciplinary notices, and any relevant communication.
- Avoid reacting emotionally. Stay professional, even if you’re angry or scared. Employers may try to provoke reactions that justify disciplinary actions.
- Review your employment records. Look back at your performance history and any prior correspondence that supports your claims. These can be valuable in showing the contrast between past and present treatment.
- Follow internal procedures. If your company has a formal process for reporting retaliation or workplace issues, consider using it. This creates a paper trail that may support your legal claims later.
- Speak with an employment attorney. Navigating a retaliation case on your own is challenging. A skilled workplace retaliation attorney in Maryland can help you understand your rights, gather the necessary evidence, and determine the most effective course of action.
When you work with us, you gain a team that understands employers’ tactics and knows how to counter them. We help you build a strong, evidence-based case so that you can hold your employer accountable and move forward with confidence.
Smithey Law Group LLC Stands Ready to Help
At Smithey Law Group LLC, we fiercely advocate for employees across Maryland. Our practice is dedicated exclusively to labor and employment law, and our attorneys bring decades of experience to the table. We don’t just know the law, we shape it.
Our attorneys serve on the Labor and Employment Section Council and have served on the Board of Governors to the Maryland State Bar Association. We are the authors of the Fourth Edition of the Maryland Rules Commentary and the MSBA Maryland Employment Law Deskbook, leading publications in this field.
If you believe you’re a victim of workplace retaliation, we’re here to help. Schedule a consultation with Smithey Law Group LLC to explore your legal options and take the first step toward protecting your rights.
