A retaliation claim is a legal complaint made by an employee who believes that their employer has taken adverse action against them in retaliation for engaging in a protected activity, such as filing a complaint about discrimination, harassment, or other unlawful behavior in the workplace.
Under most employment laws, it is illegal for employers to retaliate against employees for engaging in protected activities.
Examples of Retaliation
Retaliation can take many forms, including termination, demotion, negative performance evaluations, reduction in hours or pay, or other adverse actions that would dissuade a reasonable employee from engaging in protected activity.
To prove a retaliation claim, the employee must demonstrate that they engaged in a protected activity, that their employer took an adverse action against them, and that there was a causal connection between the protected activity and the adverse action.
If an employee can establish a retaliation claim, they may be entitled to a range of remedies, including reinstatement, back pay, compensatory damages, and attorney’s fees.
If you believe that you have been retaliated against, I encourage you to consult with an attorney or other legal professional who specializes in employment law. This will help you determine your rights and options. You may also need to file a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or a state-level agency, before pursuing legal action in court.
Steps to File a Claim
Here are some general steps to follow when filing a retaliation claim:
- Understand the protected activity – Before filing a retaliation claim, it’s important for you to understand what type of activity is protected under employment laws. This could include filing a complaint about discrimination, harassment, or other unlawful behavior, or participating in an investigation related to such complaints.
- Document the retaliation – You should document any adverse actions taken by your employer after engaging in the protected activity, such as negative performance evaluations or termination. Always request copies of document in your HR file, and do not delete emails! Trust me they have come in handy!
- Contact the appropriate government agency – Depending on the specific facts of the case, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or a state-level agency before pursuing legal action in court. You should follow the agency’s guidelines for filing a complaint, which typically involves completing a form and providing relevant details about the retaliation.
- Seek legal advice – It’s important for you to consult with an attorney or other legal professional who specializes in employment law before filing a retaliation claim. The attorney can provide guidance on the legal process.
- File a complaint in court – If you are unable to resolve the issue through mediation, you may choose to file a retaliation claim in court. This typically involves drafting a complaint, serving the complaint on the employer, and participating in legal proceedings.
- Attend hearings or trials – If the case proceeds to a hearing or trial, you will need to attend and provide evidence to support your retaliation claim. The employer will also have the opportunity to present evidence and arguments in their defense.
Filing a retaliation claim can be stressful process. If you find yourself in a scenario what requires support, you should not only be prepared to dedicate time and resources to pursue your claim, but also seek the guidance of legal professionals or career coaches who can help you navigate the process.
