What Triggers A Retaliation Claim After Termination
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. Uncover the essential steps and critical evidence required to successfully prove a wrongful termination retaliation claim. Proving wrongful termination based on retaliation requires a clear understanding of legal principles and a strategic approach to evidence collection. When an employer takes adverse action against an employee for engaging in a legally protected activity, it constitutes retaliation. Successfully demonstrating such a claim depends on establishing specific elements and presenting compelling evidence.
Workplace retaliation occurs when an employer punishes an employee for exercising their legal rights. A “protected activity” encompasses actions such as reporting discrimination or harassment, whistleblowing about illegal conduct, or requesting accommodations under laws like the Americans with Disabilities Act. It also includes participating in an investigation, inquiring about wages to uncover discriminatory pay, or taking legally protected leave, such as under the Family and Medical Leave Act. Employees are protected even if their complaint is not ultimately proven, as long as they had a reasonable, good-faith belief that the conduct was unlawful. An “adverse action” is any negative employment consequence that would deter a reasonable employee from engaging in protected activity. This can range from overt actions like termination, demotion, or a significant reduction in pay or responsibilities to more subtle forms.
Examples include undesirable reassignments, unjustified negative performance reviews, increased scrutiny, or exclusion from meetings or projects. To establish a claim of retaliation, an individual generally needs to prove three core elements. First, the employee must demonstrate they engaged in a legally protected activity, such as those previously described. Second, an adverse action must have been taken against the employee by the employer. This adverse action must be a material change in the terms or conditions of employment. 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. 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. As a SHRM Member®, you’ll pave the path of your success with invaluable resources, world-class educational opportunities and premier events. Demonstrate your ability to apply HR principles to real-life situations. Stand out from among your HR peers with the skills obtained from a SHRM Seminar.
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