Introduction
When we think about workplace retaliation, we often assume it comes from management—perhaps after an employee files a complaint, requests reasonable accommodations, or reports discrimination. But what if retaliation comes from coworkers instead?
Coworker retaliation can be just as damaging as retaliation from a supervisor. It can create a hostile work environment, impact job performance, and even force employees to quit. If you’re facing workplace retaliation from your coworkers, it’s important to know your rights and the legal options available to you.
At Swartz Swidler, we focus on protecting employees from all forms of workplace retaliation. If you believe you’re being targeted by coworkers after standing up for your rights, our experienced employment law attorneys can help.
Understanding Retaliation by Coworkers
Workplace retaliation occurs when an employee is punished for engaging in legally protected activities, such as:
- Reporting discrimination or harassment.
- Filing a workers’ compensation claim.
- Requesting Family and Medical Leave Act (FMLA) time off.
- Participating in a workplace investigation.
While many cases involve retaliation by employers or supervisors, coworkers can also engage in retaliatory behavior, including:
- Exclusion – Ignoring, isolating, or refusing to work with the targeted employee.
- Harassment – Spreading rumors, making threats, or engaging in verbal abuse.
- Sabotage – Interfering with work, deleting important files, or setting up the employee to fail.
- Intimidation – Pressuring the employee to withdraw complaints or discouraging them from reporting misconduct.
Coworkers might retaliate for various reasons, such as loyalty to the employer, personal biases, or fear of being implicated in an investigation. Regardless of the motive, this behavior can create an unlawful hostile work environment.
Is Coworker Retaliation Illegal?
Federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA) protect employees from retaliation. While these laws primarily address retaliation by employers, they also hold companies responsible if they fail to prevent or address coworker retaliation.
When Is an Employer Liable for Coworker Retaliation?
Employers may be held liable if:
- They were aware (or should have been aware) of the retaliation but failed to take corrective action.
- They ignored complaints about coworker retaliation.
- The retaliation created a hostile work environment that forced the employee to quit (constructive discharge).
If your employer failed to intervene after you reported retaliation from coworkers, you may have grounds for legal action. Swartz Swidler can evaluate your case and help you understand your rights.
What to Do If You’re Facing Retaliation from Coworkers
If you believe you’re experiencing coworker retaliation, take the following steps:
1. Document Everything
Keep detailed records of retaliatory behavior, including dates, times, witnesses, and any communications (emails, text messages, or social media posts).
2. Report the Retaliation
Follow your company’s internal complaint procedures. Report the behavior to HR or management in writing so there’s a paper trail.
3. Seek HR or Management Intervention
Your employer has a legal obligation to protect employees from workplace retaliation. If HR fails to act or dismisses your concerns, this may strengthen your legal case.
4. Know Your Rights
Familiarize yourself with workplace retaliation laws that protect employees. If your company refuses to address the situation, you may have legal grounds to file a claim.
5. Consult an Employment Attorney
If internal complaints don’t resolve the issue, speaking with an experienced employment lawyer is crucial. An attorney can help you determine the best course of action, whether it’s filing a complaint with the Equal Employment Opportunity Commission (EEOC) or pursuing legal action against your employer.
How Swartz Swidler Can Help
At Swartz Swidler, we have extensive experience representing employees in retaliation claims. We understand the complexities of coworker retaliation cases and can help you:
- Gather evidence to support your claim.
- File complaints with the EEOC or relevant state agencies.
- Negotiate with your employer for a fair resolution.
- Pursue legal action if necessary.
If you’re experiencing workplace retaliation, don’t wait to take action. Our dedicated employment lawyers are here to fight for your rights and hold your employer accountable.
Conclusion
Retaliation doesn’t always come from management—coworkers can also engage in harmful and unlawful behaviors. If you’re facing retaliation after reporting misconduct, it’s critical to understand your rights and take appropriate steps to protect yourself.
If your employer has failed to stop retaliation from your coworkers, you may have legal options. Contact Swartz Swidler today for a consultation and take the first step toward justice.
