Standing up for yourself at work is never easy. Whether you’ve reported discrimination, filed a wage complaint, or requested medical leave, you have the right to do so without punishment. Unfortunately, some employers retaliate against employees who exercise their rights.
Knowing the signs of illegal retaliation can help you take action before it’s too late. At Swartz Swidler, we’ve helped workers across New Jersey and Pennsylvania fight back against unlawful retaliation. Here are five key red flags to watch for.
What Is Workplace Retaliation?
Workplace retaliation happens when an employer punishes you for engaging in a protected activity — such as reporting harassment, filing a wage complaint, or requesting family leave.
Not all unfair actions are retaliation. For example, if your performance has genuinely declined, a negative review may be justified. But if punishment comes shortly after you speak up, it could signal illegal retaliation.
According to the EEOC, retaliation is the most common charge employees file against employers.
Sign #1 – Sudden Negative Performance Reviews After Complaints
One of the clearest signs of retaliation is a dramatic shift in how your performance is evaluated.
If you consistently received positive reviews but suddenly receive poor evaluations right after filing a complaint, requesting an accommodation, or reporting discrimination, this could indicate retaliation.
Sign #2 – Unexplained Changes to Duties, Hours, or Pay
Employers sometimes retaliate by making your work life more difficult:
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Reassigning you to undesirable shifts
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Stripping you of responsibilities
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Cutting your pay or hours without explanation
These changes — especially if they occur soon after you assert your rights — may be illegal retaliation.
Sign #3 – Exclusion From Projects, Meetings, or Opportunities
Being intentionally left out can be another form of punishment. Signs include:
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Being excluded from meetings you once attended
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Losing out on promotions or raises you deserved
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Being shut out of important communications or projects
This type of exclusion harms your career and may violate the law.
Sign #4 – Hostile Treatment From Supervisors or Coworkers
After you speak up, your work environment may suddenly feel hostile. Retaliation can look like:
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Constant micromanagement
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Harsh or unfair criticism
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Coworkers being instructed to avoid you
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A toxic atmosphere meant to pressure you to quit
A sudden shift toward hostility is a strong indicator of retaliation.
Sign #5 – Termination or Forced Resignation
The most extreme form of retaliation is wrongful termination. Employers may fire you outright — or create such a hostile environment that you feel forced to resign (known as constructive discharge).
If your termination happens soon after you report misconduct or assert your rights, it may be unlawful.
What To Do If You Recognize These Signs
If you see these red flags, take action:
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Document everything — keep a detailed timeline of retaliatory actions.
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Save evidence — preserve emails, HR complaints, reviews, and texts.
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File an internal complaint — if it feels safe, report the retaliation to HR or management.
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Contact an employment attorney quickly — strict filing deadlines apply to retaliation claims.
How an Employment Attorney Can Protect You
An experienced retaliation attorney can:
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Investigate your employer’s actions
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File complaints with the EEOC or state agencies such as the NJ Division on Civil Rights
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Negotiate settlements for back pay, reinstatement, or damages
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Take your case to court if necessary
Legal guidance ensures your rights are protected every step of the way.
Why Choose Swartz Swidler to Handle Retaliation Cases
At Swartz Swidler, we focus exclusively on employment law. Our attorneys have decades of combined experience handling retaliation cases in New Jersey and Pennsylvania.
Why employees choose us:
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Local expertise: In-depth knowledge of CEPA, NJLAD, and other state laws
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Proven results: Track record of successful retaliation claims
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Client-first approach: Compassionate and aggressive advocacy for workers
If you’ve seen signs of retaliation at work, Swartz Swidler is here to fight for you.
FAQs About Workplace Retaliation
How do I know if retaliation is illegal?
If your employer punishes you because you engaged in a legally protected activity, it’s unlawful retaliation.
Can my employer fire me while I’m pursuing a retaliation claim?
They can try — but doing so may strengthen your case. You may be entitled to reinstatement or damages.
What compensation can I recover in a retaliation case?
You may recover back pay, front pay, reinstatement, emotional distress damages, and attorney’s fees.
Take Action – Protect Yourself From Retaliation Today
If you recognize these signs of retaliation, don’t wait. Strict deadlines apply, and early action can make or break your case.
Contact Swartz Swidler today for a free, confidential consultation. We’ll help you protect your career, your livelihood, and your rights.
📞 Call us now or fill out our online form to speak with an attorney.
