Retaliation happens when an employer punishes you for exercising a legal right, such as complaining about discrimination or wage violations. It is one of the most common claims employees bring.
Elements of a claim
- You engaged in protected activity, such as a complaint, request for leave or participation in an investigation.
- The employer took an adverse action, such as termination, demotion or reduced hours.
- There is a causal connection, often shown by timing and other evidence.
Evidence that helps
- Written complaints and responses.
- Performance reviews before and after.
- Emails showing changed treatment.
- Witnesses.
- Records showing inconsistent explanations.
Steps
- Document each event with dates.
- Keep copies of protected requests and complaints.
- Report retaliation through HR or the complaint channel.
- Watch filing deadlines, which can be short.
- Consult an employment attorney.
Deadlines
Charges with the EEOC generally must be filed within 180 or 300 days. Some whistleblower and safety laws have much shorter deadlines. State laws vary.
Frequently asked questions
Do I need to win the original complaint?
No. Retaliation can be proven even if the underlying claim fails.
Is timing enough?
Close timing helps but other evidence is often needed.