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Retaliation

Spoke up, then paid for it?

Reporting a problem at work is protected. So is backing up a coworker who did.

When the punishment follows, hours cut, a worse shift, a write-up out of nowhere, a demotion or a firing, that's retaliation. It's often the strongest claim in a case, because the timing is hard to explain away.

You don't have to have been right about the original problem. You have to have raised it honestly.

What retaliation tends to look like

  • Hours cut after a pay complaint

  • Moved to nights after reporting harassment

  • A first bad review in years

  • Left off the schedule

  • Fired days after a safety report

  • Threats about calling immigration

A worker in a black T-shirt and work glove rests a yellow hard hat on his head and looks at the camera

Protected

Things you're allowed to speak up about

These are examples, not the whole list.

  • Your pay

    Asking about overtime, missing wages or what coworkers earn.

  • Safety

    Reporting a hazard to a manager or to a safety agency.

  • Harassment

    Reporting it about yourself or someone else, inside or outside the company.

  • Discrimination

    Complaining about unequal treatment, or filing a charge with an agency.

  • Leave

    Asking for medical or family leave, or for an accommodation.

  • An investigation

    Telling the truth as a witness in someone else's complaint.

Questions after speaking up

I only complained out loud, not in writing. Does it count?

It can. A spoken complaint is still a complaint. Write down when you made it, to whom, and who else was there, today while you remember.

Should I keep working there?

If you can, staying usually keeps your options open and your income coming in. We'll help you decide, and tell you what to keep a record of in the meantime.