Workplace retaliation is a serious issue that can have a significant impact on employees' careers, mental health, and overall well-being. When employees report misconduct, harassment, or discrimination, they expect their concerns to be addressed without fear of retribution. However, retaliation can take many forms, some of which are subtle and hard to detect.
Retaliation often involves more than just obvious actions like termination or demotion. It can manifest in everyday interactions and decisions that, on the surface, may seem unrelated to the original complaint. Because subtle retaliation can be difficult to identify and prove, employees might find themselves struggling to connect the dots between their complaints and the subsequent negative treatment they receive.
Below are five subtle types of workplace retaliation that can undermine an employee’s position. They can also form the basis of an employment lawsuit when motivated by discrimination against an employee’s protected characteristic or another legally protected aspect of employment.
1. Unwarranted Changes in Work Schedule
A sudden and unexplained change in an employee’s work schedule can be a subtle form of retaliation. For example, an employee who has consistently worked a certain shift may suddenly find themselves reassigned to less desirable hours or shifts without any valid reason. This change might seem minor at first glance, but it can disrupt the employee's personal life, create transportation challenges, or impact their ability to fulfill other responsibilities.
These schedule changes can be particularly challenging for employees who have family obligations or who rely on a specific routine to manage their work-life balance. The disruption caused by such changes can lead to increased stress and a feeling of instability, all of which may be the intended outcome of the retaliatory action. By making the employee’s work life more difficult, the employer may hope to push them out of the company without taking more overt, legally risky actions.
2. Isolation or Exclusion from Meetings & Projects
Another subtle form of retaliation is exclusion from important meetings, projects, or social activities within the workplace. Employees who once played a vital role in team projects may suddenly find themselves sidelined, with their input no longer sought or valued. This can occur through missed invitations to meetings, being left out of email chains, or not being assigned to key projects that align with their skills and career goals.
The effects of isolation can be profound, leading to feelings of alienation and a decline in workplace morale. Over time, this exclusion can impact the employee’s visibility within the company and hinder their professional development. The intention behind this form of retaliation is often to marginalize the employee, making them feel unwelcome and potentially encouraging them to leave the organization.
3. Unjustified Negative Performance Reviews
An employee consistently receiving positive feedback may suddenly receive negative performance reviews after filing a complaint. These reviews may include vague criticisms, unrealistic expectations, or assessments inconsistent with the employee's actual performance. The purpose of these reviews may be to document a false narrative of poor performance, which could be used later to justify further disciplinary actions or even termination.
Negative performance reviews can be particularly harmful because they affect the employee’s current position and future career prospects. Employers who engage in this form of retaliation may hope to discredit the employee or create a paper trail that suggests the employee is no longer fit for their role. The emotional toll of unwarranted criticism can also lead to decreased job satisfaction and motivation.
4. Sudden Increase in Workload or Impossible Tasks
Overloading an employee with an excessive amount of work or assigning tasks that are nearly impossible to complete can be another form of subtle retaliation. This tactic places the employee under immense pressure, increasing their chances of making mistakes or failing to meet deadlines. The additional workload may be unrelated to the employee’s regular duties or outside their area of expertise, making it even more challenging to succeed.
This type of retaliation sets the employee up for failure, providing a pretext for disciplinary action or termination. The stress caused by an unmanageable workload can also seriously affect the employee’s mental and physical health. By making the job unbearable, the employer may attempt to force the employee to resign, thereby avoiding a confrontation.
5. Subtle Sabotage or Undermining of Work
Sabotage or undermining of an employee’s work can occur in various ways, all designed to make the employee’s job more difficult. This could include withholding necessary information, providing incorrect instructions, or deliberately delaying approvals or resources needed to complete tasks. When an employee’s work is constantly undermined, it can lead to mistakes, missed deadlines, and a decline in performance.
This form of retaliation aims to frustrate the employee and damage their reputation within the company. Colleagues or supervisors may begin to question the employee’s competence, further isolating them in the workplace. The cumulative effect of this sabotage can erode the employee’s confidence and create a toxic work environment.
Do You Need Legal Assistance?
Workplace retaliation is not always overt or easily recognizable. Subtle forms of retaliation can be just as damaging as more obvious actions, gradually wearing down an employee’s resolve and pushing them toward resignation.
Employees should stay vigilant for signs of retaliation and seek legal advice if they suspect that their employer is engaging in such behavior. By understanding the different ways retaliation can manifest, employees can better protect their rights and advocate for a fair workplace.
When you need legal assistance to help you address retaliation, contact K2 Employment Law at any time.