Feedback is both expected and warranted in the workplace. But workplace feedback should come from a place of respect and appreciation – it should not be a source of dread. As an employee, you are entitled to both providing and receiving feedback from management.
But where can feedback go wrong?
If you’ve ever felt your boundaries were at the risk of blurring in the workplace, you’re not alone. Recognizing the difference between helpful feedback and detrimental criticism is key to maintaining a positive work environment.
In this discussion, we’ll explore the nuances of feedback in the workplace, distinguishing between constructive input that supports your growth and where negative feedback crosses the line into retaliation. By identifying the subtleties of both, you can better navigate your professional interactions and ensure that the feedback you receive is genuinely beneficial – and not harmful to your development.
Constructive Criticism: Characteristics and Why We Need It
Constructive feedback, often referred to as constructive criticism, focuses on improvement and development without being demeaning. It addresses specific actions and behavior in a way that helps you grow. For example, a manager might say, “Your report needs more data metrics; let’s determine the key figures together.” This approach fosters growth and is always aimed at helping.
In contrast to negative feedback, constructive feedback is encouraging and useful, highlighting what employees do well and where they can improve. According to Workleap, feedback is thirty times more likely to have engaged workers when managers focus on employee strengths. As the data shows, people want to know what they’re doing right, but they also want to know how to keep doing it.
The right feedback helps pinpoint any weaknesses while also heightening the skills of an employee. It’s about growth, helping employees enhance their skills while acknowledging their strengths.
A useful feedback example could be, “Consider taking this course to boost your project management skills. It could advance your career.” Properly given constructive feedback shows appreciation for an employee and promotes a positive work environment.
When Feedback Crosses into Workplace Retaliation
Retaliation is negative feedback that occurs when negative actions are taken against someone who has raised a concern. Retaliation complaints filed with the EEOC are a significant concern, as they represent a large portion of all discrimination complaints. Unlike constructive feedback, retaliation aims to punish rather than help. It’s often driven by personal grievances and can harm workplace relationships. It’s also a form of discrimination.
Retaliation can take many forms and it’s important to explore not only how it can show up but why. For one, retaliation is commonly emotionally driven. It may be based on past grievances rather than objective evaluation. It can be as simple and as petty as an employer giving you extra work when you complained about the last project being hard to manage or lost wages.
Some of the most common forms of retaliation include:
- Salary reduction
- Denial of benefits
- Exclusion
- Being passed over for a promotion or raise
- Having your hours or salary cut
- Verbal abuse
An example of retaliation might be a manager saying, “Because you questioned the recent policy changes, we’re no longer considering you for the management position.” Subtle forms of retaliation also involve not being invited to meetings or team activities and even excluding an employee from company-led decisions.
Retaliation is also punitive in nature. Its focus is on punishing the victim rather than improving the conditions an employee might have raised an issue with or filed a workers’ compensation claim about. Retaliation occurs through instances such as excessive negative performance reviews.
Recognizing the Signs of Retaliation in Performance Reviews
Constructive feedback is about providing actionable advice, tools, training sessions, and resources that lead to growth and improvement. Retaliation can also be discrimination-based, where subsequent retaliatory actions lead to findings of workplace discrimination. However, this is not always the case in the workplace. Some rights of workplace retaliation are crystal clear, while most tend to be more subtle.
Examples of Retaliation
Just last year, Dillard’s faced criticism over a retaliation case involving a pregnant African American woman. The company was accused of denying her pregnancy-related accommodations and unexpectedly transferring her to a different department as punishment. When the employee asserted that she had been denied previously granted accommodations, Dillard’s terminated her employment.
This is an example of retaliation-based termination.
Employers may also use the actions or attitudes of other employees to isolate or intimidate the complainant, further exacerbating the hostile work environment.
In addition to the Dillard’s case, similar instances of retaliation can be observed in various workplaces. For example, an employee who raises concerns about unsafe working conditions or negative action might find themselves suddenly reassigned to a less desirable role or denied key opportunities as a way to silence their complaints.
Such retaliatory actions often aim to undermine the employee’s position and discourage others from speaking up. These examples highlight how retaliation affects the targeted individual and creates a chilling effect on workplace morale and openness, ultimately jeopardizing the organization’s overall culture.
Subtle Signs That Feedback Might Be Retaliation
Workplace retaliation is not always as clear-cut as outright termination or denial. Sometimes, managers avoid termination but still engage in softer forms of retaliation. Balanced feedback, including positive feedback, is crucial to ensure that criticism is constructive and not retaliatory. As an employee, you might question whether the feedback you’re receiving could be problematic or inappropriate.
Reflect on the feedback you’re getting. Ask yourself if it is vague or lacks specific details. Also, consider if the criticism feels excessive or disproportionate compared to that received by your colleagues. If the feedback seems unexpected or unusually harsh, it could indicate a potential case of retaliation.
Consider the patterns you observe in your workplace experience.
- Are you being excluded from meetings or denied opportunities after raising a concern?
- Did these changes happen suddenly and without a clear explanation?
- Do your performance reviews seem more personal than specific?
If you notice these signs, it’s important to address them promptly to ensure that feedback remains constructive and any potential workplace retaliation is identified and managed appropriately.
Practical Steps for Resolving Workplace Retaliation
So the question becomes, what can you do if workplace retaliation has already happened to you?
Creating a safe environment for giving feedback is essential to fostering open communication and addressing retaliation effectively.
If you suspect retaliation, start by documenting all interactions between you and your employer with dates, details, and changes in your work conditions. If feedback seems unclear or excessively harsh, seek clarification. Request specific examples from your boss for improvement to determine if the feedback is constructive or if there’s another underlying issue.
Don’t be afraid to discuss your concerns with Human Resources to get guidance on company policies and potential mediation. Additionally, consider seeking support from a mentor, counselor, or professional advisor to help you navigate and address the situation more effectively. Always remember that there are ways to protect yourself and ways to push back against unjust treatment in the workplace.
Seeking Professional Help: When and How to Do It
Professional advisors, such as employment lawyers or workplace counselors, can provide guidance tailored to your specific situation. Professional advisors can also help address critical issues such as sexual harassment, ensuring that employees feel safe and supported. They can help you understand your legal rights, assess the validity of your concerns, and explore possible actions. Don’t hesitate to reach out to these professionals if you need support navigating complex workplace dynamics and protecting your career.
If you’re uncertain about whether or not you’re facing retaliation, professional help can be invaluable. Employment lawyers can analyze the details of your case, advise you on your legal options, and represent you if you choose to take legal action.
Legal Protections Against Workplace Retaliation and Employment Discrimination
Understanding the legal framework protecting you from retaliation is crucial. Laws protect employees from retaliation based on various factors, including national origin, ensuring that individuals can assert their rights without fear.
Many laws, such as those enforced by the Equal Employment Opportunity Commission (EEOC) and similar state agencies, protect employees from retaliation related to discrimination complaints, whistleblowing, or asserting other workplace rights. Familiarize yourself with these legal protections to better understand your rights and the steps you can take if you believe you are a victim of retaliation. Knowing your rights can empower you to take appropriate action and seek justice.
In addition to federal and state laws, specific protections may apply depending on your industry or job role.
For instance, many professions have their regulatory bodies that enforce standards and can address retaliatory actions. It’s essential to research whether additional protections are in place for your particular field. By understanding the full scope of legal safeguards available to you, you can more effectively identify and address any retaliatory behavior and ensure that you are not left vulnerable.
Contact the Workplace Retaliation Attorneys at Barrett & Farahany
Navigating the line between constructive feedback and workplace retaliation means staying vigilant and informed. It requires a deep awareness of both your rights and those of your colleagues. Understanding this distinction is crucial: constructive feedback should create a positive, growth-oriented work environment, while workplace retaliation breeds toxicity and resentment.
If you suspect retaliation, carefully document all relevant interactions, seek clarification, and consult with Human Resources or a professional advisor to address and resolve the issue effectively.
Barrett & Farahany is an award-winning employment law firm representing employees across 11 different states. Whether you believe you’re the victim of workplace retaliation or are just looking for some answers about your legal rights, do not hesitate to reach out. Call our office at 334-237-7773 or contact us to schedule a free consultation
