At some point in their careers, everyone makes a mistake at work. While no one wants to be disciplined, it’s sometimes necessary to maintain a well-run organization.
But is the employer’s action truly workplace discipline, or is it a form of retaliation? How can you tell the difference?
Why the distinction matters
Companies have the right to set employee expectations and take corrective actions when employees violate workplace policies or fail to perform their job duties. Workplace discipline is lawful when it’s done fairly, consistently and without bias. Typical forms of discipline may include:
- Verbal warnings: These are often informal conversations used to discuss a rule violation or review performance.
- Written warnings: If the infraction continues, the next step usually involves formal documentation.
- Suspension: The employee may be temporarily removed from work if the situation doesn’t improve or in cases of serious misconduct.
- Termination: If previous measures have failed or it constitutes a firing offense, the company may terminate the employee.
The goal of workplace discipline is to correct behavior.
Conversely, workplace retaliation is the adverse action a company takes against an employee for engaging in a legally protected activity, such as:
- Filing a complaint about unsafe working conditions, discrimination or harassment
- Reporting illegal practices
- Cooperating in an investigation
- An employee may be demoted or fired, have their hours reduced, or be subjected to micromanagement or harmful rumors.
It can sometimes be challenging to differentiate between discipline and retaliation, so consider the following:
- When did the action take place? Discipline is usually in progressive steps and documented as part of an employee’s improvement plan. Retaliation typically happens shortly after engagement in the protected activity.
- What is the reason for the action? There should be a direct line connecting the employee’s issue and the discipline.
- Discipline is applied consistently to all employees, whereas retaliation focuses on a single employee.
- There is documentation to back up disciplinary procedures. Retaliation usually lacks a paper trail.
It’s crucial to recognize the difference between lawful discipline and illegal retaliation. Employees who are subject to retaliation have the right to protect themselves from further harm. Documenting the incidents and speaking with HR may help to resolve the issue. If it continues, the employee will need to talk with a legal professional who can help ensure their workplace is free from retaliation.