You may expect your employer to take your concerns seriously after you report workplace misconduct. However, some employees face unfair treatment after reporting harassment, discrimination, wage violations or other illegal conduct. Workplace retaliation happens more often than many people realize, but proving it may not always be easy. If you believe your employer retaliated against you, speaking with an employment lawyer could help you understand your legal options.
What is workplace retaliation?
Federal law, including protections enforced by the Equal Employment Opportunity Commission (EEOC), may protect you from retaliation after you take part in certain protected activities. Arizona law may also provide protections in some situations. For example, the Arizona Employment Protection Act, recognizes certain wrongful termination claims when an employer takes action against an employee for exercising rights protected under Arizona law or refusing to take part in illegal conduct.
Protected activities may include:
- Reporting discrimination or harassment
- Filing a complaint with HR or the EEOC
- Taking part in a workplace investigation
- Reporting illegal conduct through whistleblower activity
Retaliation may include losing your job, getting demoted, receiving a pay cut, working less favorable hours or facing ongoing treatment that creates a hostile work environment. Every situation is different, so the facts of your case matter.
Key elements of a strong retaliation case
1. You engaged in a protected activity
Your claim may start with showing that you reported or spoke up about conduct protected under the law. Emails, written complaints and personal notes could help support your account if questions come up later. Keeping records from the beginning may also help show when you first reported the issue.
2. You experienced an adverse employment action
An adverse employment action means your employer took an action that could discourage a reasonable person from reporting misconduct. You may lose your job, receive a demotion, take a significant pay cut or receive a less favorable work schedule after making a complaint.
3. There is a causal connection
You may also need to show a link between your protected activity and your employer’s actions. A short time between your complaint and the negative action, along with emails, witness statements or other evidence, could help support your claim. Courts may also consider whether the employer would have taken the same action if you had not reported the issue. If you are unsure whether your situation may qualify, an employment attorney can review your circumstances.
What evidence strengthens a retaliation case?
Good evidence may help support your claim. An attorney may look for several types of evidence, including:
- Written records, such as emails, text messages and performance reviews
- Statements from witnesses who saw or heard what happened
- A clear timeline showing when key events occurred
- Evidence that your employer failed to follow company policies
- Evidence that coworkers in similar situations received different treatment
Saving this information as early as possible may help protect important details and reduce the chance of losing valuable evidence.
Mistakes that can weaken your retaliation claim
Some actions could make your claim harder to prove. Failing to keep records, waiting too long to report retaliation, breaking company policies, posting about the issue on social media or waiting too long to speak with a lawyer may affect the strength of your claim.
What to do if you believe you are facing retaliation
Keeping detailed records, following your employer’s complaint process and filing a charge with the EEOC when appropriate may help protect your rights. Speaking with an employment lawyer as soon as possible could also help you better understand your legal options and the next steps.
Contact a Mesa employment lawyer about your retaliation case
You do not have to face workplace retaliation on your own. Your conversation with an attorney remains confidential and experienced legal guidance may help you understand your options. Schedule a free consultation to discuss your situation and speak with a Mesa retaliation attorney today.