What Are Subtle Signs of Retaliation at Work? 

Workplace retaliation poses a significant threat to employee productivity and overall company morale. While obvious acts of retaliation like termination or demotion might draw immediate attention, subtler forms of mistreatment can be harder to notice. These quiet acts can still have profound consequences on the lives and careers of employees. Identifying the subtle signs of retaliation allows employees to advocate for fair workplace practices. Minnis & Smallets LLP is dedicated to supporting employees who suspect they have been unfairly retaliated against. We help individuals take appropriate legal action when they’ve been subjected to mistreatment.

Recognizing Subtle Forms of Retaliation

Retaliatory behavior in the workplace can take many forms, some of which might initially seem insignificant. However, patterns of behavior or targeted actions following a protected activity, such as reporting misconduct or discrimination, may indicate retaliation. Below, we describe common indications of this type of mistreatment.

Unexplained Changes in Job Responsibilities

A sudden shift in an employee’s typical responsibilities can serve as a red flag. For instance, tasks previously aligned with an individual’s skill level or position may be reassigned, leaving them with less desirable or lower-level duties. Conversely, some may find they are overwhelmed with an unmanageable workload, clearly designed to make them fail. Both approaches can undermine an individual’s confidence and career trajectory.

Exclusion from Projects or Meetings

Exclusion from important discussions, meetings or projects can be another subtle form of retaliation. Employees may notice they are no longer invited to participate in team decisions or initiatives that were once part of their role. This exclusion can effectively isolate individuals and hinder their contributions, which may be seen as a tactical response to their prior protected activity.

Unjustified Negative Performance Reviews

A sudden downturn in performance evaluations often signals retaliatory behavior. Some employees may face harsher critiques that are inconsistent with their previous reviews or their actual performance. Certain employers may fabricate issues, hold individuals to an unreasonable standard or create new, unfair benchmarks just to discredit their efforts. These tactics may serve to create a misleading record that can be wrongfully used to justify future disciplinary actions.

Schedule Manipulation

Adjustments to an employee’s work schedule can also be a sign of retaliation. Examples include reducing hours, assigning back-to-back shifts or scheduling shifts that conflict with an individual’s known commitments. Over time, these changes can strain an individual’s personal life and add unnecessary stress to their daily responsibilities.

Workplace Isolation or Hostility

A notable shift in how an employee is treated by management or colleagues can also suggest retaliation. Employees may encounter coldness or hostility where once there was support and collaboration. This could manifest as being ignored, receiving disrespectful comments or facing deliberate attempts to undermine credibility or contributions.

California’s Retaliation Laws and Protections

California provides some of the most comprehensive protections against workplace retaliation. Key laws such as the California Labor Code Section 1102.5 and the Fair Employment and Housing Act (FEHA) protect employees from adverse actions when participating in protected activities. These activities include reporting unlawful behavior, opposing harassment or discrimination or requesting accommodations for disabilities. Recent updates to California law presume retaliation if adverse action is taken within 90 days of such behavior, shifting the burden of proof to employers.

Contact Minnis & Smallets LLP for Legal Support

Workplace retaliation has no place in a fair and just work environment. Proving retaliation can be difficult when the signs are subtle, but it’s possible with careful legal intervention. Employees who suspect retaliation should take proactive steps to protect their rights. Minnis & Smallets LLP is committed to helping employees in the Bay Area resolve complex legal matters. Contact our lawyers today to address workplace retaliation.