What is Retaliation?

"Retaliation" is unlawful only if what you are reacting to is considered a protected activity under the law.  The most common such activities are:

• Reporting discrimination or harassment in the workplace
• Requesting a workplace accommodation for a disability
• Requesting or taking leave under the federal Family Medical Leave Act ("FMLA") or the Massachusetts Paid Family Medical Leave Act ("PFMLA")
• Using earned sick time
• Asserting rights or complaints under the wage and hour laws, including overtime laws
• Questioning or complaining about being classified as an independent contractor
• Filing a workers compensation claim
• For some health care workers, reporting or opposing violations of law or standard of care​

If you are considering terminating an employee who has recently engaged in any of these activities, it is a good idea to consult with an employment lawyer to get guidance on the best way to handle the termination, as well as advice about your legal risk.  

Learn more here about protected activities under the law.

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