You don’t know how much more you can take. You’re trying to do your job, pay your bills, and hold your life together while being made to feel undermined and unwelcome at your workplace.
You don’t want to overreact, but you’ve got to do something. If you’re feeling this way, you’re not alone. It’s common not to know how to respond at first to a hostile work environment. Unfortunately, that uncertainty can hurt your cause. The steps you take if you’re being harassed or retaliated against at work—before anything is officially filed—matter more than most people realize.
Here’s what to do, why it works, and what to watch for along the way.
Immediate Actions to Take After Workplace Harassment
The most important and immediate action you can take against harassment costs nothing and only takes a few minutes: write it down. But understand that where you document incidents of harassment or retaliation matters. Don’t type it on your work laptop. Don’t put it in an email from your work account. Document it privately in a note-jotting app on your personal phone or in a notebook your employer won’t have access to delete it.
- Keep a private log of incidents. Record the date, the time, and the place the harassment happened
- Write down exactly what was said or done
- Include the names of anyone who was nearby and might have witnessed the incident
- Be as specific as possible
Take note of literally every incident, even those that feel minor. Details fade quickly, but patterns of workplace harassment are built on those details. So, preserve them.
Also:
- Screenshot any and all relevant texts, emails, or messages and save them somewhere outside your work systems.
- Don’t confront the person who harassed you if you are alone or without a record of the conversation.
- Resist the urge to vent about it on work platforms such as Slack, Teams, or your work email. Those conversations legally belong to your employer.
Always keep in mind that anything you write or save on a work computer can be accessed or deleted by your employer. Use only personal devices and accounts for documentation.
How to Document Incidents of Retaliation Effectively
This is not a repeat of the advice given above. Documenting workplace harassment and documenting the retaliation are two separate projects.
Reporting harassment at work is a protected activity. Once you’ve made your report, formally or informally, pay close attention to any changes in the way you’re treated at work. Now, you’re not just tracking incidents but also patterns. Retaliation is typically part of a pattern.
- Did your schedule shift?
- Did a recent performance review turn negative after years of clean evaluations?
- Have you been verbally or physically abused or threatened?
- Have you been excluded from meetings and work-social events you’ve always attended?
- Do you find yourself under increased scrutiny?
- Has your workspace or any work equipment been downgraded?
- Have you been demoted or had your pay cut?
Retaliation in the workplace rarely takes the form of wrongful termination. It’s too obvious. So look for these subtler, more passive-aggressive moves.
Keep a detailed record, noting dates and context. The timing between your original harassment complaint and potential acts of retaliation is powerful evidence.
If you are unsure which incidents could be noteworthy, the EEOC’s Guidance on Retaliation is valuable reading. It can help you recognize previous experiences you’ve had but hadn’t listed yet.
Understanding the Internal Reporting Process and Your Rights
Filing a complaint with HR (human resources) won’t always stop the harassment. However, it will legally put your employer on notice while initiating a paper trail. Both the legal notice and the paper trail could be advantages for you if it becomes necessary to pursue legal action.
After you file your complaint, follow up in writing: “I’m writing to confirm the conversation we had today regarding …” and request written acknowledgement that your complaint was received. By doing this, you start your own paper trail. Always keep your own records just in case your employer doesn’t.
As a rule, follow up all verbal complaints in writing, even if it’s only an email summarizing what you reported and when. This will make your employer understand that you’re taking the matter seriously, and so should they.
The Role of Government Agencies in Employment Disputes
Going against your employer alone can be a daunting and expensive ordeal. Fortunately, you don’t have to do it alone.
Government agencies exist to level the playing field. They give workers a way to report harassment, discrimination, workplace retaliation, and more without having to immediately file a lawsuit. The primary government agency for these concerns is the United States Equal Employment Opportunity Commission (EEOC). They can:
- Investigate your complaint,
- Help mediate you and your employer toward a resolution, and
- Hold your employer accountable for violating labor laws.
Before you can pursue litigation against your employer, you must file your harassment or retaliation charge with the EEOC. Your charge will trigger an immediate investigation while starting the clock on your claim.
In both New Jersey and Pennsylvania, you have 300 days from the date of the last incident of harassment to complete the EEOC filing process. Most states have 180 days (about six months) to file. New Jersey and Pennsylvania have a 300-day deadline because of work sharing agreements with designated state agencies: the New Jersey Division on Civil Rights (NJDCR) and the Pennsylvania Human Relations Commission (PHRC).
Even with the 300-day deadline, it’s best to act sooner. Missing the filing deadline won’t just hurt your case. It will probably end it.
When to Contact an Employment Law Attorney
At Folkman Law, our attorneys have spent years helping New Jersey workers stand up to employers who crossed the line. We understand that your job, your income, and your peace of mind are at stake when you report harassment or retaliation. That is why we approach every case determined to get you the best possible outcome with the least possible disruption to your life.
Most workplace cases are resolved through negotiation. Our attorneys know how to use that process to your advantage. We come to the table with documentation, a clear theory of the case, and a firm understanding of what your claim is worth.
When an employer refuses to do the right thing, we are equally prepared to take the fight to the courtroom. The willingness and the skill to go the distance is often what brings the other side back to the table with a serious offer. If you’ve experienced harassment or retaliation at work, Folkman Law is here for a case review. We will listen and provide you with information about what to do next. The sooner you reach out, the more options you will have.
