What Makes a Strong Retaliation Case?

Do You Have a Workplace Retaliation Claim? Here’s What You Need to Know

Our law firm represents executives, management personnel, and other higher level employees in retaliation cases against large and mid-size employers. If you have grounds to file a retaliation lawsuit, our legal team can work with you to seek a favorable outcome that protects and enforces your legal rights.

Depending on the circumstances involved, employment retaliation cases can involve claims for lost wages, lost healthcare benefits, lost retirement benefits, reputational harm, emotional distress, and other compensatory and punitive damages. Our attorneys can assess whether your employer’s actions warrant legal action—and, if so, we can navigate the legal process (or the insurance claims process) on your behalf.

Do You Have a Strong Employment Retaliation Case?

Do you have a strong employment retaliation case? Our law firm evaluates cases that meet the following requirements:  

• Clear evidence of an internal or external formal complaint (i.e., written documentation) reporting discrimination, harassment, or another violation of state or federal law;
• Clear documentation of the employer’s retaliatory action or retaliatory behavior (i.e., wrongful termination, suspension, or demotion); and,
• Direct evidence that the employer retaliated based on the employee’s complaint (i.e., evidence of an adverse employment action within three months of the complaint).

If your case meets each of these three requirements, you may have a strong retaliation claim under state or federal law. If you have a claim and you decide to move forward, we can serve as your legal counsel throughout the process, and we can seek all appropriate remedies based on the law that applies.

What It Takes to Prove Workplace Retaliation

Of course, not all forms of adverse employment action constitute retaliation. If you suspect retaliation, your first step is to consult with an experienced attorney who can assess whether you have experienced unfair treatment that warrants efforts to hold your employer accountable. Broadly, there are three requirements for filing complaints based on allegations of workplace retaliation under most applicable federal and state laws:

1. A Written Complaint

Filing a retaliation claim requires proof that your employer’s decision to take adverse employment action was in response to legally protected activity. This generally requires a written complaint. Our attorneys handle select cases involving written complaints of:

• Employment discrimination under Title VII of the Civil Rights Act or other applicable law
• Sexual harassment (including both quid pro quo and hostile work environment)
• Other company policies and practices that violate employees’ rights
• Violations of the federal False Claims Act
• Violations of other federal laws that include whistleblower protections

Filing a discrimination complaint, filing a wage complaint, reporting harassment, and reporting other statutory violations can all serve as the basis for an employment retaliation claim in appropriate cases. Whether a complaint involves a violation of workplace rights or a violation of a company’s other statutory duties, if it was filed in writing (either internally or externally), it can serve as the basis for a retaliation complaint if it leads to an adverse employment action.

2. An Adverse Employment Action  

Filing a retaliation complaint also requires evidence of an adverse employment action. While wrongful termination is the most frequently alleged basis for seeking compensatory damages and other remedies, current and former employees can also file complaints based on:

• Demotions and pay cuts
• Denial of promotions
• Negative performance evaluations
• Suspensions
• Unfavorable job or location reassignments

This is among the key elements of a strong retaliation case that is the easiest to prove. Typically, both the employee and the employer will have documentation of the adverse employment action in question. When necessary, formal letters, emails, and various other forms of documentation can serve as proof of an employer’s retaliatory action.

3. A Causal Connection (Evidence of Retaliation)

To warrant legal action, an adverse employment action must have a retaliatory motive. In other words, there must be compelling evidence that the employee was treated differently because the employee engaged in protected conduct (i.e., reporting discrimination or blowing the whistle with the federal government).

When an employer punishes an employee for engaging in protected conduct, various forms of evidence may be available. While employers may try to use the findings of an internal investigation or negative performance evaluations to justify retaliatory action, such pretexts do not excuse violations of state or federal anti-retaliation laws. From internal communications to witness statements and witness testimony, our attorneys may be able to present evidence of various forms to prove that our clients’ employers have violated their statutory rights.

What To Do if You Suspect You Are a Victim of Employment Retaliation

If you suspect that you are a victim of employment retaliation and need to know more about what makes a strong retaliation case, you should act promptly to protect your legal rights. Our law firm encourages employees who have questions about their legal rights to schedule a confidential initial consultation. During this consultation, our attorneys will:

• Ask you questions to learn about your case and begin assessing what types of direct and circumstantial evidence may be available;
• Answer any questions you have about filing an employment retaliation claim against your employer (or former employer); and,
• Provide a preliminary assessment of your legal rights, discuss your options, and explain your next steps for moving forward.

We offer hybrid fee arrangements for employment retaliation claims in most cases. Typically, this involves payment of either a retainer fee or a reduced billing rate along with a success fee calculated as a percentage of your financial recovery if your case is successful. We will discuss our fees with you in detail during your initial consultation as well.

FAQs: How Do You Prove Retaliation as a Current or Former Employee?

Contact Oberheiden P.C. | A Whistleblower, Retaliation, and Employment Law Firm

If you need to know more about what makes a strong retaliation case, we invite you to get in touch. We represent executives, management personnel, and other higher level employees who have significant claims for damages. To schedule a confidential consultation with a senior employment retaliation lawyer at Oberheiden P.C., call us at 888-680-1745 or contact us confidentially online today.

Further Information About Our Workplace Retaliation Lawyer Services

• Workplace Retaliation Attorneys
• New York City Retaliation Attorney
• Los Angeles Retaliation Attorney
• What is the Average Settlement for a Retaliation Lawsuit?