An Employment Law Firm Dedicated To Employees’ Rights
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 prove discrimination in the workplace to prove retaliation. An experienced attorney can help you gather 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.
Evidence of the causal link includes:
- 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 had knowledge of your engagement in a protected activity.
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 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.