Employer Retaliation Lawyer 

How to Prove Employer Retaliation After Filing a Complaint

To prove unlawful employer retaliation, you generally must show three key elements: that you engaged in protected activity, that your employer took a materially adverse action against you, and that there is a causal connection between your protected activity and the adverse action. Evidence of your protected activity can include emails to HR reporting harassment or discrimination, EEO or internal complaints, written reports to management, or participation in an investigation. Documentation showing when and how your employer responded after you complained is equally critical in establishing that the adverse treatment was punishment for speaking up.

Establishing the causal connection often requires a careful review of timing, patterns of behavior, and inconsistencies in your employer’s explanations. For example, if you received positive performance reviews for years and were suddenly written up or demoted shortly after filing a discrimination complaint, that timing may support an inference of retaliation. Our firm helps clients gather emails, texts, witness statements, performance records, and timelines that strengthen the link between the complaint and the adverse action. By working with a seasoned retaliation lawyer early, you can ensure that critical evidence is preserved and presented persuasively in an administrative, federal, or retaliation case.

Can My Employer Fire Me for Reporting Harassment or Discrimination?

It is illegal for an employer to fire you because you reported workplace harassment or discrimination, whether based on race, sex, religion, disability, age, national origin, or other protected characteristics. Federal law prohibits terminating an employee as punishment for making a complaint in good faith or cooperating in an investigation. 

If you were terminated shortly after reporting harassment, filing an EEO complaint, or supporting a co-worker’s discrimination claim, you may have a strong wrongful termination based on retaliation case. Our employment law firm investigates the reasons your employer claims justified the termination, compares them with your performance history, and looks for evidence of pretext—false or shifting explanations that suggest retaliation is the real motive. When termination follows protected activity, you should contact an experienced employment lawyer promptly to evaluate potential claims and preserve your right to back pay, reinstatement, compensatory damages, and attorneys’ fees.

Signs of Unlawful Employer Retaliation vs. Unfair Treatment

Not all unfair or unpleasant treatment at work is illegal; the key difference between ordinary unfairness and illegal employer retaliation is the link to your protected activity. Signs of unlawful retaliation can include sudden negative performance reviews after years of satisfactory ratings, exclusion from meetings or projects you would normally attend, denial of training or advancement opportunities, or being subjected to heightened scrutiny only after you complained. Other red flags include your employer changing your schedule, cutting your hours, reassigning you to less desirable duties, or subjecting you to hostility or isolation shortly after you report misconduct.

Unfair treatment that is not connected to protected activity—such as a difficult manager who is unpleasant to everyone—may not meet the legal standard for retaliation. However, when adverse treatment is targeted and begins soon after a protected complaint, and when the employer’s stated reasons do not match your documented work history, it may constitute unlawful employer retaliation. The attorneys at The Law Firm of John P. Mahoney, Esq. analyze your timeline, documentation, and witnesses to distinguish between legally actionable retaliation and general workplace unfairness. If you are unsure whether what you are experiencing in your workplace is illegal retaliation, you should seek a confidential legal consultation to obtain clear guidance.