Employees who stand up against their employers and report illegal behavior and practices put themselves at risk of retaliation. Nevertheless, the law protects employees against workplace reprisal and allows them to report any retaliatory actions, such as an unfounded negative performance review.
If you are in a similar position, it is best to know what retaliation looks like and how you can prove it.
The timing is too perfect
When claiming retaliation against your employer, one crucial element to demonstrate is timing. A sudden difference in treatment right after you made a formal complaint or reported an illegal activity is one key giveaway that you are experiencing workplace retaliation.
Review results are inconsistent with past records
Documentation is crucial in discrimination cases. If you believe your employer gave you a negative performance review because of a recent complaint you made against them, you can use previous records, such as satisfactory quality reviews, consistent attendance records and other documentation that would show that the review is groundless.
Coworkers’ testimony can back up your claim
While not everyone in your workplace may be willing to testify against your employer, some, such as a supervisor or team member, can confirm your satisfactory performance before the incident. Their statement can bring doubt as to the legitimacy of the negative performance review on you.
Hold your employer accountable
Many employees hesitate to report their employer’s illegal practices due to fear of retaliation. However, you can only hold your employer accountable if you muster up the courage to take the first step.