Did you notice a sudden change in how your boss talks to you? You may have picked up remarks they never used before you took medical leave or reported misconduct.
While these can be harmless, you should document them. Unfortunately, Indiana employers tend to mask retaliation with subtle language. This helps them build a paper trail that diminishes your once stellar performance or create a hostile work environment to force you to quit. Learning what these coded phrases are important, so you can identify them easily.
“You are not a team player.”
Receiving feedback about lacking collaborative skills can be retaliatory language after you refused to participate in illegal activities or filed a workers’ compensation claim. Indiana common law protects you from discharge in these two specific scenarios, even if you are an at-will employee.
“You are not the right fit.”
If you recently questioned why younger colleagues are getting all the training opportunities, watch out. Even after delivering good performance, your boss tells you that you are not the right fit for your role. They may even add claims that you lack a fresh perspective or the ability to keep up with changing technology.
Under the federal Age Discrimination in Employment Act, employers with 20 or more employees cannot target you because you are 40 or older. When they use this phrase to punish you for asserting your rights, they are crossing a legal line.
“You have a bad attitude.”
Under the Americans with Disabilities Act (ADA), you have the right to request reasonable accommodations. However, when you asked, your supervisor noted that this behavior reflects a negative attitude. They use this excuse to remove you from the company and avoid engaging in an interactive process.
The ADA prohibits this and protects employees working for organizations with 15 or more workers from retaliation or disability discrimination.
Coded phrases can serve as evidence in your claim
When subtle changes in behavior create a hostile environment, quitting may seem like the only option. However, leaving the company can make a wrongful termination or retaliation claim more difficult to prove.
Under federal and Indiana laws, you have protections against unfair employer practices. Safeguard your career by documenting every comment and gathering witnesses. Seeking legal guidance can offer insights into your next steps on filing a claim.