What is considered retaliation in the workplace?

UPDATED: Oct 1, 2022

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What is considered retaliation in the workplace?

I have worked for the company for a total of 4 years and while I was on a long weekend my boss changed my schedule, due to losing a manager. The day the manager failed to come in I was unable to stay to cover the additional shift. I went from having 2 closing shifts to 5 closing shifts for the following week, 1 of the nights I had requested off for a doctor’s appointment. When I brought up the issue with my boss, she informed me that I have to work it out with the other manager. When I asked our district manager why it was on for her to schedule me so many closing shift, her response was,

Asked on October 2, 2017 under Employment Labor Law, Wisconsin


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Workplave retliation occurs when an employer punishes an employee for engaging in legally protected activity. So, for example, if a worker filed a complaint for a wage claim or discrimination, and was demoted, teminated or otherwise disciplined as a result. However, in your situation, this is not the case. Accordingly, unless you have a union agreement or employment contract that prohibits the actions that you outline, then you have no claim here. The fact is that a company can set the conditions of the workplace much as it sees fit. For your part, you can either accept them, complain but risk termination, or quit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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