Retaliation happens when an employer takes an adverse action against an employee for engaging in a protected activity, such as reporting discrimination or wage and hour violations. Retaliation in the workplace is a serious issue and it’s important for employees to know their rights and how to prove retaliation if it occurs.
In order to build a strong case against your employer, you’ll have to prove that retaliation did in fact take place. The retaliation must be related to the protected activity. Examples of retaliation include but are not limited to termination, demotion, or reduction in working hours. When seeking legal assistance, your attorney may ask you to provide proof of the retaliation, which may include emails, text messages, or contemporaneous notes, among other things.
Key Factor in a Retaliation Claim: Timing
One of the key factors in proving retaliation is timing. If the adverse action taken against you happened shortly after you engaged in a protected activity, it may support a claim of retaliation. For example, if you have a strong work history, report discriminatory actions in your workplace, and are then terminated due to purported poor performance the following week, an inference of discrimination may be provable.
Key Factor in a Retaliation Claim: Pattern of Behavior
Similarly, if you can show that the adverse action against you is part of a pattern of behavior by your employer, it can strengthen your claim of retaliation. For example, if multiple employees have been retaliated against for engaging in a protected activity, it may indicate a pattern of retaliation by your employer.
Showing that you were treated differently from other employees who did not engage in a protected activity can also be indicative of retaliation. This is called disparate treatment. For example, if you were demoted or had your hours reduced after reporting certain kinds of harassment, while other employees who did not report harassment were not subjected to the same adverse action, and there is no legitimate reason for the employer’s targeted behavior, it is suggestive of retaliation.
To make a claim of retaliation, you must have engaged in a protected activity. This may include reporting sexual harassment or discrimination, participating in an investigation, or opposing an unlawful employment practice, among other activities.
Located in Boston, Massachusetts, Greene and Hafer represents people who have experienced retaliation. Our attorneys have extensive experience in handling retaliation cases and we are dedicated to helping our clients seek justice and compensation. To schedule an appointment with an experienced retaliation lawyer, contact our office today.
