Sunday, April 5, 2009

How can I retaliate? Let me count the ways!

As I indicated in my previous post, I've heard personal stories about many retaliatory actions against employees who dared to complain about discrimination. Most of them were less severe than "ultimate adverse employment actions," but nevertheless, extremely effective! The employer/supervisor writes negative evaluations, initiates surveillance on an employee, transfers employee to an undesirable job site, works with the union behind the employee's back, installs time clocks, threatens to counter sue, refuses leave requests, refuses to follow contractual grievance procedures, assigns permanent night-shift, ignores negotiated seniority rights, reassigns work space, cuts budget allocations, harasses or embarrasses employee in front of peers, refuses to return calls or emails in a timely manner, skips customary annual bonus, writes or gives negative recommendations to potential employers, withholds support of initiatives - the list is endless. It's limited only by the employer's imagination. Of course, any of the actions listed above may or may not be retaliatory in the legal, actionable sense of the term. It depends on the particular circumstances and how other comparable employees were treated. But the point is - beware! Retaliatory actions are most often subtle, covert, and insidious - which also makes them very difficult to prove - and very effective!

Chilling, isn't it?

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