Workplace retaliation has become one of the most rampant employee issues today.

It occurs when an employer fires or punishes an employee for performing an activity that they are legally protected to do.

Filing a complaint with HR, reporting sexual harassment, or even simply cooperating with an investigation are all protected employee actions.

The problem?

Most workers don’t realize they’re being retaliated against. The signs can be easy to overlook. By the time things escalate, it’s often too late.

The good news? Spotting the warning signs early can prevent retaliation from burning a career. Knowing what to look for when filing a retaliation complaint and when to get protection from employer retaliation in LA can make all the difference.

What You Need to Know

• What Exactly Is Workplace Retaliation?
• Retaliation Warning Signs That Shouldn’t Be Ignored
• Filing Your Employer Retaliation Complaint
• How To Protect Yourself Against Employer Retaliation

What Exactly Is Workplace Retaliation?

Workplace retaliation occurs when an employer punishes an employee for engaging in activity that they have a legal right to do. Reporting discrimination at work, filing a safety complaint, or simply participating in an investigation at the workplace are all considered protected activities.

It should be pretty straightforward.

Employers can’t fire, penalize, or discriminate against workers for exercising their rights as employees. Period.

But retaliation doesn’t always come in the form of getting fired. Sometimes it can be more discreet than that. Shrink the hours, write up a negative performance review, move someone to the graveyard shift. These actions make it harder to prove.

Retaliation claims also make up the majority of workplace harassment charges.

According to EEOC Fiscal Year 2024 data, workplace retaliation claims made up almost half of all charges filed with the EEOC. That’s the highest amount for the 17th year in a row.

Retaliation claims are everywhere. Anyone who works could be at risk.

Retaliation Warning Signs That Shouldn’t Be Ignored

The key to proving a retaliation claim is spotting the warning signs as soon as they happen. The sooner they’re caught, the stronger the case will be against the employer.

But what are those signs?

Here are the most common retaliation red flags to know.

Negative Performance Reviews

Let’s say an employee has been receiving positive performance reviews for years. But they recently blew the whistle on a safety issue and suddenly the next review is horrible.

This is retaliation.

If performance reviews take a drastic turn for the worse after reporting a complaint or participating in an investigation, it didn’t just happen by coincidence. Employers will often write up undeserved negative reviews to establish grounds for termination.

Demotion/Tasks and Responsibilities Changed

Being stripped of certain job duties or demoted without explanation is a major sign that retaliation may be occurring. For example:

• Suddenly working on the overnight shift after working days for an entire career
• Removed from important projects
• Lost access to certain clients
• Taking on menial tasks

The goal is obvious.

They’re trying to push the employee out by forcing them into a position where they’ll either quit or be easy to fire.

Excluded From Everything

One day the employee is involved in every meeting. Next thing they know, they’re not invited to meetings, training sessions, or even considered for promotions they’d be eligible for.

This tactic is another form of isolation. If an employer is making it difficult or straight up impossible for someone to excel at their job, that’s retaliation.

Suddenly Being Watched

Have employers ever monitored what break time an employee takes or how long they spend away from their desk?

Now imagine that, but way worse. Suddenly the employer is scrutinizing every move.

Time cards are audited. The manager nitpicks every small mistake. The boss is now requiring daily updates on every task completed.

If an employer starts heavily monitoring work after a protected activity, they’re likely attempting to retaliate and find something to justify a termination.

Unfriendly Colleagues

If everyone at work starts giving the cold shoulder and speaking negatively in someone’s presence, that’s retaliation too.

Talking behind someone’s back isn’t just rude, it’s creating a hostile work environment. Employers can often punish employees by controlling the way their managers and coworkers treat them.

Fired or Forced To Resign

Retaliation can also include getting fired or forced to quit.

If an employee was fired or felt compelled to resign due to intolerable working conditions shortly after filing a complaint, that’s known as constructive dismissal. Constructive dismissal falls under retaliation.

Filing Your Employer Retaliation Complaint

So what should happen when retaliation is suspected? Here’s the plan.

Start Documentation

If retaliation is suspected, it’s time to start keeping records. Documentation is essential when it comes to filing a retaliation complaint. Write down dates, times, save emails, print things out. All of it matters.

Report Internally

Filing a complaint with the HR department or whomever handles complaints at the company is an important first step. Not only will this show that an attempt was made to remedy the situation internally, but it will also put the employer on notice.

But what if that doesn’t work?

According to a survey by the Institute of Business Ethics, 43% of workers are afraid retaliation would cost them their job. That fear exists for a reason.

File With The EEOC or State Agency

If the issue continues after filing an internal complaint, then it’s time to file a retaliation complaint with the EEOC or a state agency.

There are only 180 days to file a claim (with some state limitations extending that number to 300) so acting fast is important.

Filing a retaliation claim can be tricky. That’s why speaking to an attorney who specializes in employment law is critical. They can walk employees through the process and ensure the claim is filed properly and on time.

How To Protect Yourself Against Employer Retaliation

The best way to handle retaliation is to prevent it from escalating in the first place. Here are some ways to stay protected.

• Know the law.Both federal and state laws protect employees from retaliation. Understanding those rights is the first line of defence.
• Keep personal copies.Always save copies of any important documents. Emails, performance reviews, any written communication about complaints.
• Seek legal counsel early. If retaliation is suspected, talk to a lawyer before things escalate further.

When in doubt, reach out. No one should be afraid to stand up for themselves.

Wrapping Things Up

Employer retaliation against workers is everywhere. It can start small with write ups or missed shifts, but it can escalate if not caught early. Workplace harassment can come in many forms. Calling out an employer for violating labor laws can instigate retaliation if they don’t want the behavior reported.

Just know that there are steps available for protection. Document everything and report it internally first. If that doesn’t resolve the issue, contact an attorney and file a retaliation complaint.

No employee should ever feel like they have to choose between standing up for what’s right and keeping their job. Knowing what to look for makes it possible to spot retaliation before it derails a career.

Last modified: February 17, 2026