You shouldn’t be subjected to unfair treatment for filing a complaint about misbehavior at your employer. Employees who act ethically and report misconduct shouldn’t be penalized for speaking up.
Employees have the right to register complaints with regulatory organizations, who may bring legal action on their behalf if the evidence warrants it and if they feel they have suffered consequences for asserting their rights or reporting signs of retaliation at work.
It is crucial to hire an unfair dismissal employment lawyer as soon as you believe you have been fired unjustly. The Fair Work Commission’s unfair dismissal jurisdiction is quite complicated, and you only have one chance to pursue your claim.
What is Workplace Retaliation?
Retaliation happens when an employer penalizes an employee for defending their rights at work. Any adverse work action, such as a demotion, warning, dismissal, wage reduction, or shift change, might be considered retaliation.
Signs of Retaliation by the Employer
It can be challenging to determine whether your employer is acting unfairly at times. For instance, if you report to your boss his harassing behavior, he can alter his attitude and demeanor. Even if he isn’t as nice as he once was, it isn’t retaliation if the shift results in him acting more professionally toward you. Retaliatory adjustments are only those that hurt your employment.
How to Deal with Retaliation Legally
- Learn about the EEOC’s guidelines on workplace retaliation
- Check the current anti-retaliation policy in your employee handbook for proper steps
- Report the retaliatory behavior to your manager, supervisor, or HR
- Inquire about the application of an anti-retaliation policy from HR, your manager, or your company
- Discuss with coworkers how they handled bringing up difficulties at work
- Speak with a lawyer (A lawyer will typically be able to give you advice, act as your advocate throughout the proceedings, and make sure you get the best result given the circumstances).
Ways Retaliation Be Prevented at Work
Retaliation can occur when someone accuses someone of wrongdoing and they respond emotionally and hastily. To avoid such situations, employers need to:
● Establish a Policy Against Retaliation
Your organization will benefit greatly from having an anti-retaliation policy, so you should draft one before any incidents take place and make it available for everyone to read and sign. Employees should be encouraged by this policy to feel secure in reporting any accusations of harassment, discrimination, or retaliation to management or the human resources staff.
● Encourage Staff to Raise Issues When Necessary
Employees should be encouraged to come forward if their complaints lead to retaliation in the same way that you encourage them to report instances of discrimination and any form of harassment.
Retaliation should be prohibited by your policies, and you must make sure that everyone abides by this rule. If staff members believe their rights are being violated at work, encourage them to speak with a supervisor, HR personnel, or a different member of your leadership team.
● Provide Training for Employees
Training all employees about their workplace rights, including their right to speak up without fear of retaliation, is the most crucial step in eradicating retaliation from the workplace. All employees should get training on these standards.
You can prevent workplace retaliation claims and make sure your employees are treated fairly at all times by educating your workforce about the practice and putting in place clear and transparent policies.