Calling the police isn’t retaliation, in this case.
Alfredo Aviles refused to leave his work site after being suspended. He had to be escorted out by police. When Aviles was later spotted in a car near the entrance, a worker called police. In the altercation with police that followed, Aviles' arm was injured. He claimed the police report was retaliation for filing a claim with the Equal Employment Opportunity Commission, but the court dismissed his retaliation suit. (Aviles v. Cornell Forge Co., No. 99-4003, 7th Cir., 2001) Note: This employer had justification for calling the police. But filing a false police report about a worker would be considered retaliation, the court said.