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.
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