Retaliation occurs when an employer punishes an employee for engaging in legally protected activities, such as reporting discrimination, participating in an investigation, filing a complaint, assisting a complainant, etc. Proving retaliation can be challenging, but by following these steps, you can build a strong case.
Step 1: Identify the Protected Activity: The first step in proving retaliation is to identify the activity that is protected by law. This could include reporting discrimination or harassment, requesting reasonable accommodations, or participating in a whistleblower activity. Best practice it to put it in writing – make sure you have documentation of your involvement in these activities.
Step 2: Document the Adverse Action: Retaliation often involves adverse actions, such as demotion, termination, reduction in hours, or other negative changes to your employment. Keep a record of any such actions, including dates, times, and any communications from your employer. If you get e-mails or text messages, consider printing them out and keeping copies.
Step 3: Establish a Connection: To prove retaliation, you must show a connection between your protected activity and the adverse action. It is not enough to show a coincidence – you must show a correlation. This is often done by demonstrating that the adverse action occurred shortly after the protected activity, suggesting a retaliatory motive.
Step 4: Gather Evidence: Collect as much evidence as possible to support your claims. This could include emails, memos, witness statements, and performance reviews. Evidence that your employer treated you differently than other employees who didn’t engage in the protected activity can be particularly persuasive. Do not email this to your personal account – be careful here. Screenshots and printouts might be your best bet.
Step 5: Talk to a Lawyer: Retaliation cases are complex, and the stakes are high. Consulting with an experienced employment attorney can significantly improve your chances of a successful outcome. They can help you navigate the legal process, negotiate with your employer, and represent you in court if necessary.
Proving retaliation requires careful documentation and a clear understanding of your rights. By following these steps, you can build a strong case and take the necessary steps to protect yourself and your career.
Questions, concerns? Feel free to call us in New York City (646.524.6001) or Cleveland, Ohio (216.600.7994) or contact us any time. We will help you determine whether you are a victim of workplace retaliaton and advise you on what you can do about it.