5 Forms of Employer Retaliation That Are Illegal

Standing up for your rights at work can feel intimidating. Whether you’ve reported harassment, filed a workers’ compensation claim, or raised concerns about unsafe conditions, you may worry that your employer will punish you for speaking out. This kind of punishment is called retaliation, and under federal and state employment laws, it’s illegal.

Unfortunately, retaliation happens more often than you’d think. Employers sometimes try to discourage you from asserting your rights by making your job harder or doing any number of other things that are questionable (at best) and illegal (at worst). Knowing what counts as retaliation can help you spot it and take steps to protect yourself.

Here are five forms of employer retaliation that are against the law.

1. Wrongful Termination

The most obvious form of retaliation is being fired for exercising your rights. If you lose your job after filing a complaint, requesting family leave, or participating in a workplace investigation, that could be illegal retaliation.

Your employer might try to disguise the firing as something else, like a “restructuring” or a sudden drop in performance. But if the timing lines up with your protected activity, it raises red flags. For example, if you reported sexual harassment and were fired a week later, that’s highly suspicious.

2. Demotion or Loss of Opportunities

Not all retaliation involves losing your job entirely. Sometimes it’s subtler. Your boss may take away responsibilities or reassign you to less desirable tasks. (Another common form of retaliation is denying you opportunities for promotion.)

Imagine you applied for a leadership role you were qualified for, but after you raised a concern about wage violations, your application was suddenly ignored. Or maybe you were removed from a high-visibility project after taking medical leave under the Family and Medical Leave Act (FMLA). These actions can hurt your career growth and income, and when they’re tied to your protected activity, they’re illegal.

Retaliation doesn’t have to be dramatic to be damaging. Any adverse action that limits your advancement opportunities or unfairly reduces your responsibilities can count.

3. Pay Cuts or Loss of Benefits

Money talks, and employers sometimes use your paycheck as leverage. If your pay or benefits suddenly drop after you file a complaint, that’s another classic form of retaliation.

For instance, your employer might cut your hours, reduce your bonus, or remove health benefits you previously received. If these changes are linked to your decision to speak up, they’re unlawful. This is especially common in situations where you act as a whistleblower – speaking out against illegal activity. But here’s the thing: You can’t be penalized financially for asserting your rights. If you notice a sudden drop in pay or perks after you’ve engaged in a protected activity, you should document it carefully and contact a whistleblower attorney.

4. Harassment or Hostile Treatment

Sometimes retaliation shows up in the way you’re treated at work. If your manager or coworkers start targeting you with hostility after you file a complaint, that can amount to illegal retaliation.

This might look like being excluded from meetings, receiving unfairly negative performance reviews, or being mocked and harassed in front of others. The goal is to make your work environment so uncomfortable that you’ll quit on your own.

But you don’t have to put up with a hostile workplace. The law protects you from intimidation, threats, and bullying that stem from your choice to stand up for yourself. Harassment as retaliation is just as unlawful as a firing or demotion.

5. Unwarranted Disciplinary Action

Employers sometimes try to build a paper trail to justify firing you later. They may start writing you up for minor issues, enforcing rules more strictly against you than others, or suddenly criticizing work that was never a problem before.

For example, if you’ve always had positive reviews but suddenly receive multiple warnings right after you report discrimination, that pattern suggests retaliation. Unfair write-ups or policy enforcement are not legitimate tools for retaliation. If you see a sudden shift in how rules are applied to you, it could be evidence of illegal conduct.

What You Can Do if You Suspect Retaliation

Recognizing retaliation is the first step. The next step is protecting yourself. Here’s what you should do if you think your employer is retaliating against you:

•Document everything. Keep copies of emails, write-ups, performance reviews, and any changes in your pay or responsibilities.

•Note the timing. Courts often look at how closely the retaliation followed your protected activity.

•Report internally. If your company has an HR department or a complaint system, use it to make an official record.

•Get legal advice. Employment law attorneys can evaluate your situation and help you decide whether to file a formal complaint with agencies like the Equal Employment Opportunity Commission (EEOC).

You don’t have to face retaliation alone. Legal protections are in place to ensure you can assert your rights without fear of punishment.

Adding it All Up

Retaliation isn’t just about you – it sends a message to everyone in the workplace. If retaliation goes unchecked, employees learn to stay silent about unsafe, unfair, or discriminatory practices. That creates a culture where problems fester and workers suffer.

By recognizing and challenging retaliation, you’re not only protecting yourself but also paving the way for a healthier workplace for others.

If you experience any of these forms of retaliation, know that you have legal options. You also have the power to protect your job, your reputation, and your dignity…so speak up!