Employment and labor laws cover a host of topics, each of which can offer protection for the company and the workers. Some of these focus on employees being empowered to engage in activities that the law deems protected.
When an employee engages in a protected activity, they can’t face retaliation for their actions. The employee must ensure they’re providing factual information when they engage in the protected activity.
What is a protected activity?
There are several different types of protected activities. Many of these include filing complaints about retaliation and harassment. Employees are also protected if they cooperate with investigations about these matters.
Taking leave, including leave under the Family and Medical Leave Act, is protected. Other protected activities include filing a workers’ compensation claim, serving jury duty and utilizing benefits the employer provides.
What is retaliation?
Retaliation is any negative employment action taken by the employer in response to the protected activity. Some examples of retaliation include termination or a reduction in pay. Changing the employee to a less desirable shift or location is another example.
In some cases, retaliation isn’t as obvious. It’s possible for an employer to retaliate by not allowing the worker to use employment benefits in the same manner as other employees, failing to tell them about a meeting or making the workplace hostile.
Employees who engage in a protected activity can still face disciplinary action if they violate company rules. They must face the same discipline as any other employee who does the same thing.
Cases that involve a claim of retaliation are often complex, so it’s critical that both sides learn their rights and options. It may behoove them to work with someone who’s familiar with these matters so they can receive guidance and make decisions based on their best interests.
