Retaliation
Standing up for yourself is protected by law. Punishing you for it isn’t.
What Is Workplace Retaliation?
Retaliation happens when an employer punishes an employee for doing something protected by law, like reporting discrimination, filing a complaint, participating in an investigation, or exercising a workplace right.
Retaliation doesn’t have to mean getting fired. It can be a sudden demotion, a withheld raise, a broken promise of a bonus, a change in assignments, or a shift in how you’re treated; all traceable back to the moment you spoke up.
What the Law Actually Requires
Just as with discrimination and hostile work environment claims, retaliation has a legal threshold. You must be able to connect the adverse action to a protected activity. If you reported racial discrimination and then lost your promotion, that’s a retaliation claim. If your boss just doesn’t like you after a disagreement about a project, that’s harder territory.
The timing often tells the story. A negative review that appears immediately after you file a complaint. A schedule change that starts the week after you raise a concern. We know how to read those patterns.
What We Look For
Retaliation claims are often stronger when paired with an underlying discrimination or harassment case, but they can also stand alone. If you believe you’ve been punished for doing the right thing, come talk to us.
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Think this applies to you? Don’t try to figure it out alone, that’s what we’re here for. Call Stillman Legal P.C. for a free consultation. We don’t get paid unless you do.
A clear protected activity: a complaint, a report, a refusal to comply with something illegal;
A negative action from the employer afterward;
A timing and context that connects the two;
Confidential. Multilingual available. No fee unless we win your case.
FAQ
Frequently Asked Questions
What does workplace retaliation look like?
Retaliation may include termination, demotion, reduced hours, schedule changes, discipline, threats, harassment, pay cuts, negative evaluations, or other actions meant to punish the employee.
Can my employer retaliate against me for asking about unpaid wages?
No. Employers are generally prohibited from retaliating against employees for asking about wages, complaining about unpaid wages, or participating in a wage investigation or lawsuit.
Can my employer retaliate against me for reporting discrimination?
No. Employers generally cannot retaliate against employees for reporting discrimination, opposing unlawful conduct, requesting accommodations, or participating in an investigation.
What if my employer says I was fired for “performance” after I complained?
That is common. The question is whether the stated reason is true or whether it is a pretext for discrimination or retaliation. Timing, prior reviews, witnesses, and inconsistent explanations matter.
What should I do if I suspect I am being retaliated against at work?
Document a timeline of your protected activities and the negative actions that followed, save emails and past performance reviews, identify witnesses, and compare your treatment to similarly situated coworkers. You should also consider reporting the retaliation to HR to create a record and consulting with an employment attorney to assess your legal claims.
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