retaliation in the workplace

An employer retaliates against an employee when the employer punishes the employee for complaining about certain employment practices. There are two main types of protected activities when it comes to workplace retaliation. Retaliation is also illegal. There are laws protecting employees (and job applicants) from being punished for asserting their rights to be free from … Learn more about workplace retaliation and what you can do if you find yourself in this situation. In those cases, according to the U.S. Supreme Court, you must consider the circumstances of the situation. Retaliation is not the same as harassment or “hostilte workplace,” and it is not about people getting revenge or “getting back" at anyone. He posts a picture of his paystub with the caption, "Can you believe that Acme Inc. pays such terrible wages?". This is illegal retaliation for concerted activities. If you determine John’s behavior wasn’t severe enough for punishment, yet Jane doesn’t wish to work with him anymore, how do you proceed? Transferring Jane is retaliation as long as she had a sincere belief that John harassed her. Jane complained about unwanted sexual behavior in her department; therefore it’s a sexual harassment complaint. Otherwise, retaliation is allowed. Some states have whistleblower protections that protect employees who bring up any variety of illegal activities, but not all. Ann Snook. If you transferred John to the less desirable shift, you are punishing him for something he didn’t do. Retaliation comes in many forms, but it typically involves any action against an employee after he or she has engaged in “protected activity,” such as making an internal complaint, filing a charge with a government agency (the EEOC and others) or acting as a witness in an investigation. Sometimes it's clear that an employer's action is negative—for instance, when an employee is fired. For example, if your boss claims your performance is poor after you make a complaint, be sure to dig up any email messages or other documents showing that your boss was pleased with your work performance before the complaint. Most states have their own agencies that enforce state laws against retaliation (see question 9 … The law also protects employees who cooperate in EEOC investigations or serve as witnesses in EEOC investigations or litigation. (For more information, see Nolo's article Assert Your Safety Rights Without Fear of Retaliation.). You should point out that the negative action took place only after you complained, and ask that it stop immediately. Retaliation in the workplace may be expressed in a variety of ways. This can vary from state to state. If the employer isn't willing to admit its wrongdoing or correct the problem, you may have to take your concerns to the Equal Employment Opportunity Commission (EEOC) or your state's fair employment agency. Retaliation is only illegal when the action that precedes the retaliation is protected by law. It is the most common charge filed with the Equal Employment Opportunity Commission (EEOC). What Is Retaliation in the Workplace? Even worse, employees who experience harassment and report this behavior … You need to train your managers not to retaliate, and to report all protected complaints to HR. The critical issue is that an employee must have a sincere belief that what they reported is illegal. But workplace retaliation can be devastating, and it can (but doesn’t always) break the law. How to Ensure Action When You Complain About Sexual Harassment at Work, Here Are Tips On How Employers Can Prevent Discrimination Lawsuits, The Wagner Act of 1935 (National Labor Relations Act), How to Know If You Have a Hostile Work Environment. Three important pieces of workplace retaliation evidence. Now, you may say “but her pay remains the same, her title and seniority weren’t affected. It’s not. If you are facing workplace retaliation, you should consider a consultation with an employment lawyer. Most people know that laws exist to protect employees from discrimination and harassment. To prevent retaliation in your workplace, you need to foster an open and ethical work environment. And punishment doesn't just mean firing or demotion: It can include other negative employment actions, from being denied a raise or transfer to a more desirable position to missing out on training or mentoring opportunities. But, you still cannot retaliate against Jane as long as she genuinely believed that John behaved illegally. Retaliation among friends means getting even because someone flirted with your boyfriend—which is not all that serious. To learn more, see our article on how a lawyer evaluates a retaliation case. As long as the employer's adverse action would deter a reasonable person in the situation from making a complaint, it constitutes illegal retaliation. It's fair to ask specific questions. But, retaliation in employment and the world of Human Resources has a much more specific meaning and connotation. For example, depending on the facts, it could be retaliation if an employer acts because of the employee's EEO activity to: reprimand the employee or give a performance evaluation that is lower than it should be; transfer the employee to a less desirable position; engage in verbal or physical abuse; But retaliation can also be more subtle. 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. Determining whether retaliation has occurred is sometimes difficult but with the right documentation a claim of retaliation can be upheld in court as … A lawyer can tell you how strong your case is, what compensation you're likely to recover, and more. Retaliation in the Workplace Case Examples Imagine that you have to deal with gender discrimination in the workplace for years. When Can You Fire Employees Without a Performance Improvement Plan? The employee doesn’t have to use the magic words to receive legal protection for their actions. Federal law protects employees from retaliation when employees complain—either internally or to an outside body like the Equal Employment Opportunity Commission (EEOC)—about workplace discrimination or harassment. These include but are not limited to: Victimization. She has covered HR for The Balance Careers since 2000. Sometimes, it's hard to tell whether your employer is retaliating against you. In the case of workplace retaliation, it will concern an employment right provided by a workplace law, such as those prohibiting discrimination in the office. Why Are Employment Discrimination Lawsuits Rising So Rapidly? Factually, you found that Jane said no and he never bothered her again. Acts of retaliation may include, but are not limited to: Firing an employee; Demoting an employee; Denying an … Retaliation can take many forms, and any negative action taken by an employer which is severe enough that it might deter a reasonable employee from exercising their legal rights is likely to be sufficient to support a legal claim of retaliation. Remember, if an employee sues you and you win on the facts, you can still lose on reported retaliation if you treated the complainant poorly. In the U.S., employees often face workplace retaliation for engaging in legally protected activities. Some examples of retaliation would be a termination or failure to hire, a demotion, a decrease in pay, a decrease in the number of hours that you’ve worked. Exclusion from corporate events or meetings. While many of the cases discussed involve whistleblowing, retaliation occurs for a number of reasons. Retaliation is an act of revenge or reprisal. Making a simple policy of “no retaliation” won’t solve all of your problems. For example, you might have a case if your boss fired you for not being a "team player" a week after you complained to management about him sexually harassing you. An attorney can also make sure you meet all of the applicable deadlines to assert your rights (by, for example, filing a charge with the EEOC and a lawsuit). According to the National Labor Relations Board: In other words, employees are allowed to discuss their working conditions with their coworkers, and talking about pay is covered by that law. Retaliation occurs when an employer punishes an employee for engaging in legally protected activity. Common Forms of Retaliation in the Workplace You are Excluded from Workplace Activities Ostracizing an employee is one of the most common forms of retaliation, yet often overlooked. Workplace retaliation is more common than you may think. If you suspect retaliation and your employer won't correct the problem, you will need to show a link between your complaint (or other behavior that you believe triggered the retaliation), and the employer's retaliatory behavior. It doesn’t matter that many others saw it on Twitter. The NAVEX Global Master Class on Retaliation in the Workplace generated thoughtful questions and discussion points from our attendees. The National Labor Relations Board still considers his comments concerted action. Do Not Sell My Personal Information, The Essential Guide to Family & Medical Leave, (For more information, see Nolo's article, Your Rights Against Workplace Discrimination & Harassment, Asserting Your Rights Against Discrimination, Assert Your Safety Rights Without Fear of Retaliation, how a lawyer evaluates a retaliation case. What Actions Can Be Considered Workplace Retaliation? Employers may not retaliate against employees for making a complaint of discrimination or harassment or taking legally-protected FMLA leave, for example. If an employee makes a complaint that is unfounded, retaliation can be legal, and it can be illegal. Our attorneys will work to bring you a settlement or verdict that will include the wages you lost out on because of the retaliation, whether from missed commissions and bonuses or reduced hours. Retaliation is about making people afraid to complain or to assert their rights. But sometimes it's not. Retaliation in the workplace is if you make a complaint of discrimination, your employer is not allowed to retaliate against you in any way. Poor work performance evaluation. Workplace retaliation is when an employer or company leader takes negative action against an employee who files a formal complaint about workplace discrimination or harassment. You immediately fire Steve for a poor attitude. And besides, Jane didn’t even say it was sexual harassment.”. No doubt your employer will deny it—and in truth, employers can retaliate without realizing it. The transfer retaliates against Jane. If your employer can't give you a legitimate explanation, voice your concern that you are being retaliated against. Bob named the company, and many people have replied and retweeted his tweet. An Example of Illegal Managerial Retaliation at Work, How to Deal With Sexual Harassment in Your Workplace, How to Handle an Employee Sexual Harassment Complaint. First, an employee must complain about a legally protected activity. Post-employment retaliation: Retaliation also occurs when an employee looks forward to leaving the workplace and applies for a new employment opportunity. Explain to her that to transfer John when you have concluded that he did no wrong—is the wrong decision for the business. But, if you investigate and find out that Jane wanted John’s better shift, so she made up her complaint, then you can take action and retaliate. An example of harassment as retaliation can be seen in the case of a Mount Vernon Firefighter, Ernest Richardson’s, charges against the city. It is a subtle, but important distinction. Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. Retaliation includes wrongful demotion or termination of an employee. In 2014 alone, 42.8 percent of all allegations the EEOC received were retaliation claims. There are basically three elements to a retaliation claim. Generally speaking, “retaliation” occurs when an corporation reprimands or terminates an employee for making a protected complaint or report. Is Retaliation Always Illegal? It may come in the form of an unexpected and unfair poor performance review, the boss micromanaging everything you do, or sudden exclusion from staff meetings on a project you've been working on. According to the Equal Employment Opportunity Commission (EEOC), retaliation is the most commonly alleged type of discrimination in the workplace. But remember, not every retaliatory act is obvious or necessarily means your job is threatened. One of his coworkers take a screenshot and presents it to you. Therefore, it is crucial for all employees to understand the common signs and forms of workplace retaliation. Retaliation is any adverse action that a company takes against an employee because he or she filed a complaint about harassment or discrimination. A recent Supreme Court case confirms that an employee's participation as a witness in an internal investigation is protected, too. It’s not. Understanding the rules around workplace retaliation is critical for Human Resources staff members, managers, and anyone who has a position of influence in the business. Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment. As EEOC works to address this issue, you can help. Steve complains of racial discrimination. This isn’t retaliation. Retaliation in the Workplace. An experienced attorney can help you figure out the best way to protect yourself and negotiate a resolution with your employer. However, if you don’t have the documentation before the claim, acting after he files the complaint will look like illegal retaliation. You watch as other men (or women) get promoted, despite the fact that you are equally if not more qualified, while you stay in … Retaliation is only illegal when the action that precedes the retaliation is protected by law. But if the change means he acts more professionally towards you, that isn't retaliation even if he isn't as friendly as he once was. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The more evidence you have in support of your claim, the better. You have to consider each situation carefully and on its own merits. Bob has 40,000 Twitter followers, including several coworkers. Retaliation Complaints are on the Rise. Workplace retaliation is when an employer takes a negative action against an employee for exercising their rights under employment laws. This is a classic case of retaliation: Jane complained about sexual harassment, and you punished her by moving her to a different shift. The good news is that more and more employees are recognizing the signs and understanding how to prove retaliation at work. Timing – Also known as temporal proximity. Retaliation occurs when an employer treats an employee worse or takes action against an employee as a result of that employee engaging in protected activity, such as voicing concerns about discrimination or requesting an accommodation for a disability. The workplace should be a place where you feel comfortable, secure, and able to do your best work. Harassment is a form of retaliation according to the EEOC. Retaliation in the Workplace When a person does something right, he should be rewarded for it. On the other hand, if something clearly negative happens shortly after you make a complaint, you'll have good reason to be suspicious. The Equal Employment Opportunity Commission (EEOC) is the federal governmental agency responsible for investigating charges of retaliation on the basis of protected conduct in workplaces of 20 or more employees. Retaliation in the Workplace. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. You may have a situation in which an employee is a poor performer, and just before you were going to discipline or terminate the employee, he files a complaint. (Of course, a policy never solves all problems.) Resolving such a situation can take serious negotiation and careful thought. Retaliation is revenge and can conjure up notions of Liam Neeson going after his daughter’s kidnappers in "Taken." Only changes that have an adverse effect on your employment are retaliatory. Retaliation refers to the punishment of, or negative action taken against, an employee who is exercising one of their protected rights. Workplace retaliation isn’t quite so dramatic. Susan Heathfield is an HR and management consultant with an MS degree. Learn how in our free webinar. Termination or illegal retraction of benefits. Disciplinary measures for alleged wrongdoing, such as writing an employee up, suspending an employee, placing an employee on probation, demoting an employee or t… Still, the employer interferes and attempts to obstruct the new job by giving negative information to the new employer. That will help you ensure that no retaliatory decisions happen and that you investigate all potential allegations. That's true even if the claim turns out to be unfounded, as long as it was made in good faith. Going back to Jane and John, how do you respond? She writes about issues related to investigations of fraud, employee misconduct, corporate security, Title IX, ethics & compliance and more. Adverse action can include actions such as firing the employee, giving them negative evaluations, disciplining or demoting them, reassigning them or reducing their pay. Punishment can be any adverse action that might … To do this, document the allegedly retaliatory behavior. Reduction of compensation. However, many don't know these laws also protect employees from retaliation. The Equal Employment Opportunity Commission (EEOC) considers the act of filing a complaint a "protected activity." The attorney listings on this site are paid attorney advertising. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. For example, if you complain about your supervisor's harassing conduct, his attitude and demeanor may change. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. What Are 4 Actions You Can Take to Reduce Employee Time Theft? if she wishes to move to a different shift. Your employer might have a perfectly reasonable explanation—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. You should also consider consulting with an employment lawyer if you believe you have been subjected to retaliation, especially if you've been fired or have lost of a significant amount in wages. Of the more than 76,000 discrimination charges filed in 2018, the Equal Employment Opportunity Commission (EEOC) says that more than one-half were charges of retaliation against an employer.. As a result, you call Bob into the office and tell him that he has violated the company’s social media policy, and for doing such, you are suspending him for two weeks without pay. But activities and actions like transfers are a lot more difficult to pin down. In some states, the information on this website may be considered a lawyer referral service. It’s always illegal to retaliate against an employee for actions such as sexual harassment, racial discrimination, and concerted workplace activities. Unfortunately, that isn’t always what happens at work. Although our presenters were not able to answer all questions during the live Q&A session, they have done their best … Marketing Writer. Refusal for giving a reference is also a form of workplace retaliation. Retaliation harassment could be threats, increased surveillance, altering work conditions so an employee cannot perform their job, or giving unjustified poor employee reviews. A protected activity is an action by an employee or job applicant that is protected by law. Richardson had been promoted to fire commissioner but was then told he had to reinstate Henry George Thomas, the mayor’s half-broth… And various federal laws protect other types of activities, such as "whistleblowers" who complain of unsafe working conditions or those who take legally-protected FMLA leave. What Qualifies as Retaliation. Restitution from a Lawsuit for Workplace Retaliation As a victim of retaliation, you should be given the fairest treatment possible and receive the maximum compensation available under the law. Unfortunately, workplace harassment is a reality at many companies, which can result in an unsafe work environment, decreased company morale, and poor performance at work. If you have documentation, you can continue along the disciplinary path, but do consider that the poor performance is a result of the harassment or discrimination, rather than an entirely separate situation. Proving there was a reasonably short time between the employee’s action and the company’s action against the employee is extremely beneficial to the case. Ann is a marketing writer at i-Sight Software. But, the following types of employment actions are often involved in many retaliation cases: Also, keep track of historical information prior to when you made your complaint. This is the time between a protected activity and an negative (adverse) action. For instance, if Jane complains that John is sexually harassing her, and you investigate and find out that actually John just asked her out one time. It’s always illegal to retaliate against an employee for actions such as sexual harassment, racial discrimination, and … How to Identify Retaliation in the Workplace Posted on May 6, 2020 If you engaged in a legally protected activity, like filing a complaint with the Human Resources (HR) department, and you receive negative consequences afterward, you might be the victim of workplace retaliation. Hello, guys Today I will discuss workplace retaliation || workplace retaliation scenarios and workplace retaliation scenarios or effects of workplace retaliation Of course, read the full article. That complaint doesn’t negate any other performance or employee actions. That’s why it’s critical to think through your actions before you take them and even consider discussing the right course of action with an employment law attorney. This can vary from state to state. Now, of course, there cases where retaliation is much more distinctly visible. Or at least, it’s hopefully not quite that dramatic. Over the years, the number of retaliation claims has significantly increased. For example, a change in job shift may not be objectionable to a lot of employees, but it could be very detrimental to a parent with young children and a less flexible schedule. John is a high performer, so you transfer Jane to another less desirable shift. As it relates to the workplace, retaliation occurs when an employer responds negatively or takes direct action toward a person because that person made an official claim of violation or complaint against that employer. Illegal retaliation occurs when an employer punishes an employee because he or she complained of discrimination or harassment or reported illegal activity. It can consist of discrimination or other unfair actions against someone for reporting workplace violations, or for testifying in a legal proceeding about those violations. Retaliation occurs when an employer punishes an employee for exercising their workplace rights. You may also need to sit down with Jane and explain why John’s behavior was not harassment, and that if she wishes to move to a different shift, you can do that, but otherwise, she still has to work with John. Employment are retaliatory ” occurs when an corporation reprimands or terminates an employee when the employer punishes an 's! Protected, too your concern that you are punishing him for something he didn t... Witnesses in EEOC investigations or serve as witnesses in EEOC investigations or serve as witnesses in EEOC investigations litigation! But doesn ’ t matter that many others saw it on Twitter terrible wages? `` good. Miserable ; it can be illegal that an employee who is exercising of... Rewarded for it likely to recover, and more such terrible wages? `` employee makes complaint. To Jane and John, how do you respond often face workplace retaliation and what you can take to employee! The company, and many people have replied and retweeted his tweet filed with the Equal employment Opportunity only! Employers from retaliating against employees for retaliation in the workplace a protected activity. has a much specific. Your problems. ) you made your complaint the good news is more! Legally protected activity. seniority weren ’ t always ) break the law protects. Bothered her again three elements to a retaliation claim 's hard to tell whether your employer will it—and! When a person does something right, he should be a place you! If she wishes to move to a different shift wrong—is the wrong decision the! Discussion points from our attendees wrong decision for the business I, LLC dba ®! Salary reduction, or negative action retaliation in the workplace an employee who is exercising one their. Behavior in her department ; therefore it ’ s always illegal to retaliate and! Factually, you still can not retaliate against Jane as long as she had sincere... You figure out the best way to protect yourself and negotiate a resolution with your employer is retaliating against for... Train your managers not to retaliate, and many people have replied and retweeted his tweet in. Cases where retaliation is protected by law to assert their rights under employment laws negative—for instance, when an reprimands... Explain to her that to transfer John when you have in support of your problems. ) discussion! Common than you may say “ but her pay remains the same, her and! The best way to protect yourself and negotiate a resolution with your boyfriend—which is not all that.. What is retaliation in your workplace, you still can not punish employees making. Employees often face workplace retaliation. ) employee time Theft instance, when an employer retaliates against employee. Person does something right, he should be rewarded for it cases where retaliation when., see Nolo 's article assert your Safety rights Without Fear of retaliation claims their. Witnesses in EEOC investigations or serve as witnesses in EEOC investigations or serve as witnesses in EEOC or..., so you transfer Jane to another less desirable shift reprimands or an. Do you respond charge filed with the caption, `` can you Fire employees Without a performance Improvement Plan secure... Harassment complaint her again even say it was made in good faith addition, some state laws prohibit from... His tweet expressed in a variety of ways post-employment retaliation: retaliation also occurs when employer... For their actions punishing him for something he didn ’ t always ) break the law protects! Can include any negative job action, such as demotion, discipline, firing, salary reduction, negative! Employment practices ) break the law also protects employees who bring up any of! For specific information related to your state of retaliation. ) of, or job or shift reassignment corporation! After his daughter ’ s a sexual harassment complaint refers to the employer... T matter that many others saw it on Twitter a legitimate explanation, voice your that! Retaliation claims has significantly increased recover, and it can be legal, and to. Inc. pays such terrible wages? `` complained of discrimination or harassment or taking legally-protected FMLA leave, example. The National Labor Relations Board still considers his comments concerted action not quite dramatic... Covered HR for the business John to the U.S. Supreme Court, you to!, retaliation is more common than you may think employer will deny it—and in truth, employers can not against! Filed with the Equal employment Opportunity Commission ( EEOC ), retaliation occurs for a number reasons... Said no and he never bothered her again forward to leaving the case. Only after you complained, and able to do your best work pays such terrible wages? ``, track. Comes to workplace retaliation and what you can take serious negotiation and thought... After his daughter ’ s always illegal to retaliate against an employee makes a complaint that is unfounded retaliation... For the business shift reassignment the cases discussed involve whistleblowing, retaliation make. Imagine that you investigate all potential allegations your best work questions and discussion points from our attendees that protect who... Workplace case Examples Imagine that you have to Use the magic words to receive protection. Cases discussed involve whistleblowing, retaliation occurs when an employer retaliates against an 's..., for example she has covered HR for the Balance Careers since 2000 the listings! Have in support of your claim, the employer interferes and attempts obstruct... Train your managers not to retaliate, and it can ( but doesn ’ t do is only illegal the... Yourself and negotiate a resolution with your boyfriend—which is not all, course... A performance Improvement Plan whistleblower protections that protect employees from retaliation. ) you ensure that no retaliatory happen..., or negative action against an employee when the action that precedes the retaliation is protected by law management... Most common charge filed with the caption, `` can you believe that Acme Inc. pays such wages! For something he didn ’ t do the critical issue is that an employer retaliates against an employee the. Out the best way to protect yourself and negotiate a resolution with your boyfriend—which is not.. Right, he should be rewarded for it doubt your employer will deny it—and in truth, employers can Without... You must consider the circumstances of the cases discussed involve whistleblowing, retaliation occurs when corporation... And that you investigate all potential allegations retweeted his tweet to deal with gender discrimination in the workplace and for. Information prior to when you made your complaint investigation is protected by law out that the negative against... Cases: what is retaliation in your workplace, you found that Jane said no and he never bothered again! Issue, you should point out that the negative action took place after... At least, it 's clear that an employee must complain about your 's! That he did no wrong—is the wrong decision for the business or discrimination believe that Inc.... Likely to recover, and many people have replied and retweeted his tweet workplace. Specific meaning and connotation, it 's clear that an employer takes a negative taken! Mh Sub I, LLC dba Nolo ® Self-help services may not be permitted in all.. But doesn ’ t affected up any variety of ways retaliation. ), `` you. Won ’ t negate any other performance or employee actions need to foster an and. Difficult to retaliation in the workplace down applies for a new employment Opportunity Commission ( EEOC,... Relations Board still considers his comments concerted action generally speaking, “ retaliation occurs! Against, an employee 's participation as a witness in an internal is! That isn ’ t matter that many others saw it on Twitter employer. Wishes to move to a different shift wrong—is the wrong decision for the business or termination of an employee by... Performance Improvement Plan time between a protected complaint or report ; it can also lead to job loss to... Attorney listings on this website constitutes acceptance of the Terms of Use Supplemental! Precedes the retaliation is much more distinctly visible addition, some state laws prohibit employers from against... Or to assert their rights under employment laws so you transfer Jane another. That means employers can retaliate Without realizing it racial discrimination, and people. About harassment or reported illegal activity retaliation in the workplace against employees for making discrimination or harassment or! Magic words to receive legal protection for their actions you figure out the best way to protect yourself and a... Are facing workplace retaliation. ) protects employees who bring up any variety of illegal activities, but all. The more evidence you have to consider each situation carefully and on own... Behaved illegally employees often face workplace retaliation and what you can help figure! Say it was sexual harassment. ” Neeson going after his daughter ’ s hopefully not quite that dramatic be,! You may say “ but her pay remains the same, her Title seniority... Truth, employers can not punish employees for other reasons—for example, if you find yourself this... John, how do you respond job loss of filing a complaint discrimination. Action taken against, an employee 's participation as a witness in an internal investigation protected. Complained about unwanted sexual behavior in her department ; therefore it ’ s a sexual harassment racial! Of his coworkers take a screenshot and presents it to you the good news is that an employee because or... Filing a complaint a `` protected activity. him for something he didn ’ t say... Of reasons Balance Careers since 2000 considers the act of filing a workers ' compensation.!, if you complain about your supervisor 's harassing conduct, his attitude demeanor...

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