Employees can be terminated for just about any reason, or even for no reason at all. There are some exceptions to this. Some of these have to do with an employee who engages in a protected activity or who is part of a protected class.
Negative employment actions that are based on protected activities or protected statuses are known as retaliation. This retaliation can be as covert as failing to tell the employee about an important meeting or as significant as being terminated.
What’s a protected status or action?
Age, gender, race, color, genetic composition, disability, sexual orientation and ethnicity are some protected statuses. Protected actions include things like filing complaints or participating in investigations into illegal activities. They also include doing things that are allowable under labor laws, such as taking Family and Medical Leave Act leave or filing for workers’ compensation.
It’s important to note that retaliation only occurs if it’s in response to the protected activity or status. Even an employee who has a protected status or who engages in a protected activity can still face standard disciplinary measures if they break company rules. The disciplinary measures have to be the same as what anyone else would face if they broke that same rule.
Any employee who’s been subjected to retaliation at work should ensure they understand the rights they have. Taking action for wrongful termination or other negative employment effects that stem from a protected status or action can be a complex undertaking. Working with someone familiar with these options may be beneficial for anyone in this situation.