If my manager is retaliating against me, is there anything that I can do?

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If my manager is retaliating against me, is there anything that I can do?

I’m in a situation at work where my boss is retaliating against me because of a work process I spoke up about on March 25th. The next shift where I worked with my manager she did a shadow sheet on me but completed it in the backroom even though i was on the floor, she scored me 16.7/100. Also, I want to add that on March 7th we had a mystery shopper who I had assisted who scored me with a 100. I then noticed that my boss started cutting my hours down from 20 hours a week to 5-10 hours a week. When I discussed my hours with her she immediately got defensive and told me that I was unteachable and that she’s not the only one who said so she was referring to my 3 key holders. That night 1 of the key holders told me that she texted her and told her that I was talking

Asked on April 10, 2019 under Employment Labor Law, Hawaii

Answers:

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

Answered 2 years ago | Contributor

Workplace retaliation occurs when an an employer takes adverse action against a worker for engaging in a legally protected right. For example, for filing a complaint for not receiving OT pay when due or not being paid at least minimum wage, etc. Unfortunately, such is not the case here. So unless your treatment is the result of some form of actionable discrimination or violates the terms of an employment contract/union agreement, your employer's action are perfectly permissable under the law. The fact is that most work relationships are "at will", which means that a worker can be disciplined as their employer sees fit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, your manager may legally retaliate against you or set you up for failure (or simply suspend or terminate you) unless you have a written employment (including a union) agreement for a fixed or definite period of time (like a one-year contract) which is being violated by this behavior. Without a written contract, you are an "employee at will"; an employee at will has essentially no rights at work and is not entitled to fair behavior or treatment. Rather, supervisors may discipline, suspend, terminate, and/or "set up to fail" such employees at will.


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