If you’ve been experiencing retaliation at work you should know that retaliation by an employer is illegal.
If your employer is actively encouraging retaliation against you or allowing your coworkers and supervisor to engage in retaliation because you reported your employer for something illegal you can file a complaint against your employer.
Reporting Retaliation At Work
The first thing that you need to do is set up a meeting with your HR rep. You should always report retaliation or discrimination to HR first. But ask for the meeting in email or text so there is a record of you asking for it.
And after the meeting write up a summary of everything that was said during the meeting. Email that to your HR rep and ask them to confirm that the summary is accurate. It will be a big help to have all the details in writing and have proof that your HR rep received it and signed off on it.
When you meet with your HR rep you must have evidence of the retaliation that you’re experiencing. You should write up a summary of all the incidents of retaliation that you’ve experienced.
Write down the date, who was involved, and what happened. Hand a copy to your HR rep and in the email summary of your meeting ask them to confirm they were given a copy.
The more evidence you can prove of retaliation, the harder it will be for the employer to claim they didn’t know what you were experiencing.
Reporting Retaliation To the EEOC
Your HR rep may not be helpful. Their job is to protect the company’s interest, so they may try to dismiss your concerns or tell you that what you’re experiencing isn’t really retaliation. If reporting the retaliation to HR doesn’t solve the problem you can file a claim with the EEOC.
The Equal Employment Opportunity Commission is a Federal agency. They can investigate in every state and they can investigate any employer. When you file a complaint with the EEOC it’s always best to include as much documentation of what you’re experiencing as you can.
Reporting Retaliation To Your State
At the state level you can report illegal retaliation to either the department of labor or the labor board. Most states will have some type of labor department that investigates workplace rights violations.
The EEOC has work-share agreements with state labor departments in 44 states. If you live in one of those 44 states you don’t have to report your employer to the EEOC and to the state. Just pick one.
The other agency will receive copies of your complaint, the evidence that you have, and all other documents related to your claim.
What To Have When Reporting Retaliation
Whether you submit your claim to the state or the EEOC you should include things like:
- Photos
- Videos
- Screen shots
- Emails
- Texts or group chats
- Direct messages
- Pay stubs if you are not being paid fairly.
- Copies of your schedule if your hours were changed as part of the discrimination.
Make sure that you are saving everything that is related to the discrimination you’re experiencing.
Speak With an Employment Law Attorney
If you want to speak with a local employment attorney for personalized advice about your situation just fill out a free Case Evaluation right now. You’ll be instantly connected with a local employment attorney that can help you.
