Q: If you get into an argument with a supervisor and the next day they write you up/discipline you is that retaliation
A:
It is not “retaliation” in the context of a legal cause of action for retaliation.
You only have a legal cause of action for retaliation when your employer takes an adverse employment action toward you because of your exercise of or participating in another employee’s exercise of particular legal rights. For example, if your employer fires you for filing a worker’s compensation claim or demoted you for providing a statement in support of a co-worker’s sexual harassment claim.
Simply being “written up” is not typically an adverse employment action and arguing with your supervisor is not a legal right for which a retaliation claim is provided by law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.