Employees have several retaliation protections. Employers cannot retaliate against an employee for:

  • Not meeting a quota that doesn’t allow for the required time periods.
  • Not meeting a quota that the employer did not disclose properly to the employee, or that the employee did not receive in their preferred language.
  • For exercising a protected right under the standards, such as requesting records.

There is a presumption of retaliation if an employee suffers adverse action – such as being terminated, getting written up, or having their schedule altered – within 90 days of engaging in a protected activity. Employers may rebut the presumption by providing evidence that:

  • The adverse action was taken for other reasons.
  • The protected activities weren’t a motiving factor in the adverse action.

Adverse action
Whenever an employer takes an adverse action – like discipline or termination – against an employee for failing to meet a quota, the employer must provide the employee with a copy of the applicable quota and the employee's personal work speed data.