How Do You Prove Retaliation?

Experiencing retaliation in the workplace is demoralizing. But even more frustrating can be the quest to prove it actually happened. At the law firm of Stephanie Jane Hahn, Attorney at Law PC, we try to help you do just that.

Proving Retaliation In The Workplace

You don't need to be able to prove discrimination in the workplace in order to prove retaliation. An experienced attorney will be able to help you gather the evidence and prepare your claim, showing that:

  • You were engaging in a protected activity
  • Your employer was aware of the protected activity
  • There is a link between your employer's adverse action and your protected activity

Retaliation can come in many forms, from termination to discipline, including an unexpectedly negative performance review or even verbal or physical abuse.

Proving the causal link between an employer's action and your participation in a protected activity can be challenging, however, and that's where an experienced lawyer can step in and help. There often isn't a "smoking gun," so an attorney may have to rely on circumstantial evidence.

Some forms of evidence of the causal link include:

  • The timing of the adverse action. If it occurs shortly after a complaint is filed or after participation in a protected activity, it could indicate retaliation.
  • Your employer's knowledge of your engagement in a protected activity.
  • If there are no other reasonable explanations for your employer's actions.

If you believe you're being retaliated against, you should keep a record of every negative action, whether it's written or verbal. More importantly, you should consult with an attorney.

Every situation is different. What may seem like a textbook case of retaliation may be difficult to prove. Contacting a lawyer who can assess your circumstances and provide honest feedback can be invaluable.

Contact Us For An Assessment Of Your Case

Attorney Stephanie Jane Hahn can review your claim and help you determine the way forward. Call our Indianapolis office at 800-375-1548, or use the contact form to schedule a consultation.