Employees have the right to report workplace misconduct, discrimination, harassment, or unsafe conditions without fear of punishment. Unfortunately, some employers retaliate against workers who speak up by issuing unfair performance reviews. These negative reviews can impact job security, promotions, and career growth.
If you believe your employer is retaliating against you for filing a complaint, it is essential to understand your rights and what steps you can take to protect yourself. Contact PLBH at (800) 435-7542 for a free legal consultation with an employment law attorney.
What Constitutes Workplace Retaliation?
Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as reporting discrimination, harassment, or wage violations. Retaliation can take many forms, including demotions, pay cuts, reassignments, and even wrongful termination. One of the more subtle yet damaging forms of retaliation is an unjustified negative performance review.
Examples of Retaliatory Actions
- Receiving an unexpectedly poor performance review after filing a complaint
- Being placed on a performance improvement plan without prior warnings
- Getting denied a promotion despite previously strong evaluations
- Sudden changes in job duties that make work more difficult
- Increased micromanagement or unrealistic expectations that were not present before
How to Identify an Unfair Performance Review
Not all negative performance reviews are retaliatory, but there are certain red flags that suggest your employer may be acting out of retaliation rather than legitimate job concerns.
Timing of the Performance Review
One of the strongest indicators of retaliation is the timing of the negative review. If your performance evaluation suddenly worsens after you file a complaint, it may not be a coincidence. Courts often consider whether an adverse action closely follows a protected activity when determining if retaliation has occurred.
Lack of Prior Negative Feedback
If you have consistently received positive reviews in the past and there has been no significant change in your job performance, a sudden negative evaluation may be a sign of retaliation. Employers often use poor performance reviews to create a paper trail that justifies further disciplinary action or termination.
Unrealistic or Changing Expectations
If your employer begins to set impossible standards or changes your job responsibilities in a way that sets you up for failure, it could be a form of retaliation. This tactic may be used to pressure employees into quitting or to create justification for a future dismissal.
What Are Your Legal Rights Against Retaliation?
Federal and state laws protect employees from workplace retaliation. Under laws such as Title VII of the Civil Rights Act, the Fair Labor Standards Act (FLSA), and the Occupational Safety and Health Act (OSHA), employers cannot punish workers for filing complaints related to discrimination, harassment, wage violations, or unsafe working conditions.
Protected Activities That Safeguard Employees
You are legally protected if you:
- Report workplace discrimination or harassment
- File a wage or overtime complaint
- Report safety violations to OSHA
- Participate in a workplace investigation
- Request accommodations for a disability or religious beliefs
If you experience retaliation for engaging in any of these activities, you may have grounds for legal action.
Steps to Take If You Are Facing Retaliation
If you suspect that your employer is retaliating against you with an unfair performance review, it is important to take action as soon as possible.
1. Document Everything
Keep records of performance evaluations, emails, and any interactions that may show a change in how you are treated after filing a complaint. If your employer made verbal comments about your complaint or its impact on your job, write them down with dates and details.
2. Follow Internal Complaint Procedures
Many companies have internal processes for handling retaliation claims. If you have access to HR, file a formal complaint about the unfair review and explain how it appears to be retaliatory. Be sure to keep a copy of your complaint and any responses.
3. Seek Legal Guidance
If your employer does not address the retaliation or escalates adverse actions against you, consult with an employment law attorney. A lawyer can evaluate your case, gather evidence, and help you file a claim with the Equal Employment Opportunity Commission (EEOC) or another relevant agency.
4. Know Your Legal Remedies
If you can prove workplace retaliation, you may be entitled to remedies such as:
- Reinstatement of lost job opportunities
- Back pay for lost wages
- Compensation for emotional distress
- Attorney fees and legal costs
Protect Your Rights and Take Action
Employees should not have to fear retaliation for standing up for their rights. If you believe you received an unfair performance review in response to filing a complaint, you have legal options. Contact PLBH at (800) 435-7542 to discuss your case and take the first step toward protecting your career.