Understanding Workplace Retaliation
Retaliation in the workplace occurs when an employer punishes an employee for engaging in protected activity, such as reporting discrimination, harassment, or illegal workplace practices. This retaliation can take many forms, including termination, demotion, reduced hours, harassment, or unfair performance reviews. If you’ve experienced this type of unfair treatment, you may have legal options to fight back.
What Qualifies as Workplace Retaliation?
To be considered employer retaliation, the following must be true:
- You engaged in a protected activity – This could include reporting sexual harassment, workplace safety violations, or wage theft.
- Your employer took adverse action against you – This could be a demotion, pay cut, firing, or creating a hostile work environment.
- There is a connection between your complaint and the retaliation – If you were demoted or fired soon after filing a complaint, this is strong evidence of retaliation.
| Type of Retaliation | Example |
| Firing | An employee is terminated after reporting workplace discrimination. |
| Demotion | A worker is moved to a lower position after filing a harassment complaint. |
| Pay Reduction | An employee’s wages are cut after requesting disability accommodations. |
| Hostile Work Environment | An employee is ostracized and bullied after reporting wage theft. |
What Laws Protect Employees from Retaliation?
Several federal laws and state regulations prohibit employer retaliation and protect employees who stand up for their rights. These laws include:
- Title VII of the Civil Rights Act – Prevents retaliation for reporting discrimination or harassment based on race, sex, religion, or national origin.
- Americans with Disabilities Act (ADA) – Protects employees who request reasonable workplace accommodations.
- Age Discrimination in Employment Act (ADEA) – Prevents employers from retaliating against employees over 40 who file age-related discrimination claims.
- Whistleblower Protection Act – Protects workers who report illegal activity, fraud, or safety violations.
Learn more about federal law on workplace retaliation by visiting the EEOC website.
How to Prove a Workplace Retaliation Claim
Winning a retaliation claim requires strong evidence. You will need to prove that:
- You engaged in a legally protected activity.
- Your employer took an adverse action against you.
- There is a clear connection between your complaint and the retaliation.
Evidence That Can Support Your Case:
- Emails, text messages, or performance reviews showing a sudden change in treatment.
- Witness statements from coworkers who saw the retaliation.
- HR complaints and responses that contradict how you were treated.
- Documentation of changes in your job role, pay, or schedule after filing a complaint.
Steps to Take If You Are Facing Retaliation
1. Document Everything
Keep a detailed record of:
- Incidents of retaliation (dates, times, individuals involved).
- Emails or messages related to your complaint.
- Performance evaluations before and after the complaint.
2. File an Internal Complaint
- Report retaliation to HR or a manager in writing.
- Request a copy of the complaint and their response.
3. File a Complaint with the EEOC
If your employer fails to act, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC).
4. Speak with a Workplace Retaliation Lawyer
A lawyer for workplace retaliation can help you determine the strength of your case and guide you in filing a lawsuit if necessary.
Get a free consultation with a workplace retaliation lawyer at Hammons Law.
Can You Sue for Retaliation at Work?
Yes, you can sue for retaliation at work if your employer violated federal or state employment law. Compensation may include:
- Lost wages and benefits if you were fired or demoted.
- Damages for emotional distress caused by workplace retaliation.
- Punitive damages if your employer acted maliciously.
Deadlines for Filing a Workplace Retaliation Lawsuit
The time limit to file a retaliation claim varies by state. In most cases:
- EEOC claims must be filed within 180-300 days of the retaliation.
- State employment laws may allow longer filing periods.
- If suing in civil court, deadlines vary by state but typically range from one to three years.
To ensure you meet the deadline, speak with an employment retaliation attorney as soon as possible.
How a Lawyer for Workplace Retaliation Can Help
Employers often justify retaliation with false claims about performance or policy violations. An experienced work retaliation lawyer can:
- Investigate your case and gather strong evidence.
- File legal complaints with the EEOC or state agencies.
- Negotiate settlements for lost wages and damages.
- Represent you in court if needed.
Finding the Right Workplace Retaliation Lawyer
When choosing an attorney, look for someone who specializes in:
Workplace retaliation claims
Employment discrimination cases
Federal and state employment laws
If you need a retaliation attorney near you, contact Hammons Law to discuss your case.
Conclusion: Protect Your Rights Against Retaliation
Retaliation in the workplace is illegal, and the law protects employees who take a stand against unfair treatment. If your employer has retaliated against you for filing a complaint about discrimination, harassment, or illegal activities, you have legal options.
At Hammons Law, we fight for workers who have suffered retaliation and help them secure justice.
Take action today—schedule a free consultation to discuss your legal rights.