Receiving a poor performance review can be stressful—but when it’s motivated by retaliation rather than your actual work, it becomes an unlawful employment issue. Retaliation occurs when an employer punishes an employee for engaging in a protected activity, such as reporting harassment, discrimination, or workplace safety concerns. In Colorado, employees are protected from this type of unfair treatment under both state and federal law.

Understanding Retaliation in the Workplace

A retaliatory performance review happens when a supervisor intentionally gives an unjustly negative evaluation after an employee reports misconduct or participates in an investigation. These reviews can harm your reputation, lead to missed promotions, or even result in termination.

Protected activities that can trigger retaliation include:

• Reporting discrimination or harassment
• Filing or supporting a workplace complaint
• Taking protected medical or family leave
• Whistleblowing illegal activity or unsafe practices

What To Do If You Suspect Retaliation

1. Document Everything: Keep records of emails, performance metrics, past reviews, and any communications related to the incident. Consistent performance prior to the poor review can help show retaliation.
2. Request Clarification: Ask for detailed feedback and examples supporting your evaluation. This can expose inconsistencies or vague claims.
3. Report the Retaliation: File a complaint with your HR department or the Equal Employment Opportunity Commission (EEOC). Retaliation claims must often be filed within specific time limits.
4. Consult an Employment Attorney: Retaliation cases can be complex. An attorney can assess your evidence, protect your rights, and help you take appropriate legal action.

At Law Office of Ralph G. Torres, we can provide legal assistance to the Denver public. If you believe you’ve been targeted with a retaliatory performance review, our firm can help you understand your options and fight for fair treatment under Colorado law.