The Role Of Retaliation In Wrongful Termination Cases

Bonisiwe Shabane

-Nov 3, 2025, 3:12 AM

the role of retaliation in wrongful termination cases

Retaliation is one of the most common—and most misunderstood—forms of wrongful termination. Many employees assume they were fired “just because” or “for performance issues,” when in reality, they were let go for exercising their legal rights. If you’ve recently been fired after reporting something inappropriate, standing up for yourself, or requesting a protected benefit, retaliation could be at the heart of your termination. In this post, we’ll explore what retaliation is, how it leads to wrongful termination, and what you can do if it happened to you. Retaliation occurs when an employer takes adverse action—such as firing, demotion, or harassment—against an employee because they engaged in a legally protected activity. In simple terms, it’s punishment for doing the right thing.

Federal and state laws make it illegal to retaliate against employees for: Firing someone in response to one of these actions is not only unfair—it’s illegal. Home > Employment & Labor Law > Not Just Fired: When Wrongful Termination is a Symptom of Illegal Retaliation Losing your job is often a stressful and destabilizing experience. You might question your performance, the company’s financial health, or a simple change in business direction. However, sometimes a termination isn't just an unfortunate event; it's the culmination of a series of retaliatory actions, a final, decisive act of punishment for exercising your legal rights or engaging in protected activities.

Recognizing when a seemingly straightforward firing is actually the endpoint of illegal retaliation is vital for employees seeking justice, and this is where the expertise of an employment lawyer NJ becomes indispensable. Understanding the nuances between wrongful termination and retaliatory discharge can be the first step toward protecting your career and your rights. While wrongful termination and retaliation are often intertwined, they are distinct legal concepts. Wrongful termination generally refers to being fired for an illegal reason, such as discrimination based on race, religion, gender, age, disability, or for taking legally protected leave. Retaliation, on the other hand, involves an employer taking adverse action against an employee because the employee engaged in a protected activity. This could include complaining about discrimination or harassment, reporting safety violations, participating in workplace investigations, or filing a wage and hour claim.

Several employee actions are legally protected, meaning an employer cannot take adverse action against an employee for engaging in them. These protected activities form the bedrock of retaliation claims. Reporting discrimination or harassment to HR or a government agency is a prime example. Similarly, raising concerns about workplace safety to OSHA or refusing to participate in illegal activities are protected. Filing a workers' compensation claim after a work-related injury or taking legally mandated family or medical leave also falls under this umbrella. Retaliation rarely manifests as a sudden, isolated act of termination.

Instead, it often unfolds as a pattern of adverse actions designed to punish the employee and make their work life unbearable, ultimately leading to their resignation (constructive discharge) or outright firing. These actions can be subtle or overt, and recognizing them is crucial. Examples include unwarranted negative performance reviews, demotions, transfers to less desirable roles, increased scrutiny, exclusion from meetings, denial of training opportunities, or even hostile behavior from supervisors or colleagues orchestrated by management. A firing can be unfair, abrupt, or handled poorly and still be legal. It only becomes “wrongful” when the reason for it breaks the law, such as when the termination violates a statute, goes against public policy, or breaches an agreement that limits the employer’s discretion. Here are the main legal reasons a firing can be considered wrongful:

Federal law prohibits firing someone because of their race, sex, age, disability, or other protected characteristics. California as well as other states expand protections further, sometimes covering smaller employers or additional categories like marital status or gender identity. Below are examples where the stated reason for the termination didn’t hold up because the real reason was tied to bias. An employee reported that coworkers had made racial slurs toward him on the shop floor. Instead of investigating, the company fired him the following week. Several, less experienced employees of a different race were kept.

There was no record of performance issues or misconduct in his file. After telling HR she was pregnant, a manager with strong annual reviews was suddenly removed from a high-profile account. Two weeks later, she was terminated. Her company cited a “restructuring,” but she was the only person affected. Employers don’t usually admit to retaliation. Instead, retaliation hides in small, telling changesp.

These patterns matter. When punishment follows protected activity such as reporting harassment, requesting medical leave, or raising safety or wage concerns, California and federal law define it as workplace retaliation—and it’s illegal. At King & Siegel LLP, our employment lawyers help employees throughout California recognize retaliation early, preserve key evidence, and act strategically. With Harvard-, Columbia-, and NYU-trained attorneys, over $100 million recovered for workers, and a multilingual legal team, we know how to connect patterns of mistreatment to the laws that prohibit them. If you suspect your employer is retaliating against you, understanding what retaliation looks like and how to document it is your first step toward protection and accountability. Some forms of retaliation are overt.

They change your pay, status, or prospects almost overnight after you assert your rights. Classic examples include: Each of these is more than a workplace inconvenience. They’re adverse employment actions that can form the basis of a retaliation complaint. The timeline between your protected action and management’s response often becomes the backbone of a retaliation case. Wrongful termination happens when your employer fires you for an illegal reason.

Learn what qualifies as wrongful discharge and the actions you can take. Your termination could be wrongful if your employer fired you: Termination could also be considered wrongful if your employer fired you but did not follow their termination policies. If you were fired because of discrimination, file a report with the Equal Employment Opportunity Commission (EEOC). If you were fired in retaliation for reporting unsafe or illegal work practices or products, you have whistleblower protections. Report your termination to the Occupational Safety and Health Administration (OSHA).

Find instructions for filing a whistleblower complaint. While most employers can terminate employees for most any reason, there are times when wrongful termination takes place. If you have been terminated because of workplace retaliation, you can pursue a claim against your employer to recoup compensation for your damages. There are many reasons that employers may want to retaliate. Here are a few reasons that an employer may retaliate against an employee: If any of these apply, you could be considered a whistleblower.

Whistleblowers are protected from retaliation and wrongful treatment from employers. If you have been retaliated against, you will want to file a complaint right away. You will need to contact the EEOC and let them know what has happened. Retaliation in termination remains a critical concern within employment law, often manifesting in unjust dismissals that violate fundamental workplace rights. Understanding the complexities of proving retaliation in termination can empower employees to protect their legal interests and seek justice. The intertwining of wrongful termination and retaliation is pivotal, as employees may face adverse actions for asserting their rights.

By grasping the essential elements of these claims, individuals can effectively navigate the complicated landscape of employment disputes. Retaliation in termination refers to an employer’s adverse action taken against an employee as a response to the employee’s engagement in protected activity, such as reporting discrimination or participating in an investigation. This form of retaliation undermines workplace protections and violates employment laws designed to foster a safe and equitable working environment. Understanding this concept involves recognizing that retaliation can manifest in various forms, including demotion, unfavorable work assignments, or, ultimately, termination. Employees who face such adverse actions may have legitimate claims if they can establish a link between their protected activity and the employer’s retaliatory behavior. The definition of retaliation in termination also encompasses the notion that the employer must have knowledge of the employee’s protected activity.

If an employee is terminated for reasons unrelated to such activity, it may be challenging to prove retaliation. Thus, a clear understanding of the context and motivations behind the termination is crucial for legal claims pertaining to proving retaliation in termination. When employees stand up for their legal rights, they expect fair treatment and adherence to workplace laws. However, retaliation sometimes follows when an employee files a complaint about workplace harassment, reports safety violations, or requests a reasonable accommodation. This retaliation often manifests as wrongful termination, creating a challenging legal situation for employees and employers. Understanding retaliation’s role in wrongful termination cases is critical for navigating these claims and fostering a fair workplace.

Retaliation occurs when an employer takes an adverse action against an employee because the employee engaged in a protected activity. Protected activities include filing complaints about discrimination or harassment, reporting illegal activity, or seeking accommodations under workplace and safety laws. Adverse actions can range from reducing an employee’s hours to termination. The Equal Employment Opportunity Commission (EEOC), a federal agency enforcing anti-retaliation laws, consistently reports retaliation as one of the most common workplace complaints.

The Role Of Retaliation In Wrongful Termination Cases

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