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ADVERSE ACTIONS
There are many different kinds of adverse actions that take place in the workplace.
For an employment action to be considered adverse, the action against the employee must be more than a simple inconvenience or modification of job responsibilities. A subjective belief that an employer acted adversely may not constitute an adverse action; there must be objective reasons demonstrating that an adverse action took place.
EXAMPLES OF ADVERSE ACTIONS
For an adverse employment action to take place, there must be an unfavorable effect on the terms, conditions or benefits of employment. Adverse actions may include:
- Wrongful Termination
- Retaliation
- Demotion or Reassignment, along with at least one of the following:
- Reduced wages or salary
- Lesser job title
- Significant loss of benefits
- Loss of seniority
Adverse action complaints most commonly deal with demotion, termination, salary reduction, job discipline, negative workplace evaluations, changes in job assignment or transfer, and hostility from the employer to the employee.
ACTIONS NOT CONSIDERED ADVERSE
The following are examples of actions that may seem unfair, but are not considered adverse employment actions:
- Rejecting certain expenses that were previously approved
- Requiring an employee to work at home while recovering from surgery
- Transferring an employee to another location, within reasonable commuting distance, where the employee's salary, benefits and job title remain unchanged
YOUR OPTIONS
If you feel that you have suffered an adverse employment action or fear that you may become the target of an adverse action, you may benefit from a consultation with an attorney at the Zipin Law Firm.
