Retaliation: You Know When It’s Happening. Nelson Schaffer Can Help.

You deserve better.

Retaliation occurs when an employer punishes an employee for engaging in legally protected activity, such as making a report discrimination. Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment. But retaliation can also be more subtle.

As long as the employer's adverse action would deter a reasonable person in the situation from making a complaint, it constitutes illegal retaliation.

Minnesota State and Federal law protects employees from retaliation when employees complain about workplace discrimination or harassment. That's true even if the claim turns out to be unfounded, as long as it was made in good faith.

Retaliation can take many forms, and is not always illegal. But if you suspect your employer is retaliating against you, first talk to your supervisor or a human resources representative about the reasons for these negative acts. It's fair to ask specific questions. Your employer might have a perfectly reasonable explanation for their conduct—you've been moved to the day shift because there's an opening, and that's what you'd previously said you wanted, or you're being demoted after a longstanding history of documented performance problems.

If your employer can't give you a legitimate explanation or you don’t believe their explanation, you may want to voice your concern that you are being retaliated against. It also is a good time to contact us about your concerns. If you have been terminated and believe you were terminated in retaliation for reporting discrimination or any other illegal activity, contact us.