How Do I Document Retaliation After Reporting an Incident?

Retaliation occurs when an employer attempts to “get back” at an employee for exercising a right. If an employee engages in a protected activity, such as reporting a workplace safety violation, it is illegal for an employer to retaliate against them in any way. A workplace attorney in Columbus, OH can help you prove workplace retaliation.

How Do I Document Retaliation After Reporting an Incident?

Identify the Retaliatory Behaviors

If you suspect that you’re being retaliated against, talk to your attorney to identify the specific behaviors you’re concerned about. Occasionally, retaliation is blatant and obvious, such as if you participate in an investigation of your employer for workplace harassment and are immediately fired. But most of the time, retaliatory behaviors are more subtle. Employers are smart enough to know that they can’t do all of this out in the open.Keep an eye out for sudden changes in your working situation. If you are suddenly getting negative comments from your supervisors when your record has been spotless before this, this could be your employer trying to set up a situation where they can justify firing you. If you are suddenly being disciplined for behaviors that you engaged in previously and were never an issue, or if disciplinary actions are being taken against you and not against others for the same behaviors, this is probably retaliation. 

Keep Records in Detail

Once you have identified there are retaliatory behaviors, or very likely are, start writing down in detail every time something happens. Be as detailed as you possibly can: include the date, time, where it happened, all the individuals who were involved, everyone who saw it, and then a detailed description of exactly what happened. Be as objective as you can and stick to the facts. Be sure to keep this document somewhere other than at work or on your work computer.

Collect Evidence

In addition to keeping a written record, collect any evidence you have to back up that written record. This might include emails, performance reviews, disciplinary write-ups, and any other relevant documentation. If there are any witnesses, ask them if they would be willing to give a statement. Assure them that you do not want them to give an opinion but just to state the facts regarding what they saw.

Deal with HR and Management

Once you have collected your evidence, you’ll usually need to present this to someone higher up or to human resources and give them the opportunity to make it right. You never know: it could be that an individual, lower-level manager has decided to retaliate for personal reasons without the company’s knowledge or approval.

Next Steps With Your Columbus, OH Workplace Attorney

If you cannot resolve the matter quickly with HR, or if HR or upper management are already complicit in the retaliation, your lawyer can help you report the retaliation properly. You may also consider bringing a lawsuit, depending on the circumstances, and your lawyer can tell you more about your specific situation.If you’re being retaliated against, get help now from Nilges Draher, LLC in Columbus or Cleveland, OH.

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