How Do You Actually Prove You Were Retaliated Against By an Employer?

The U.S. Equal Employment Opportunity Commission (EEOC) defines retaliation as any form of adverse action that happens because an employee engaged in protected activity. Of course, employers rarely openly admit that they are engaged in unlawful retaliation. This raises an important question: How do you actually prove that you were retaliated against by an employer? The short answer is that evidence is key, both direct and circumstantial. In this article, you will find an overview of the things you actually need to prove that you were unlawfully retaliated against by an employer.

There are Three Big Things You Need to Prove to Bring a Retaliation Claim in Florida 

1.    You Need to Prove You Engaged in Protected Activity

A retaliation claim requires a protected activity. If what you did was not legally protected under Florida law and/or federal law, then there is no fundamental basis for a retaliation claim. Protected activities come in many different forms. Some of the most common examples include filing an internal complaint, reporting discrimination or harassment, requesting a reasonable accommodation, or participating in an investigation by state or federal authorities. The activity must fall within the scope of the statute at issue. General workplace complaints about unfairness do not qualify unless they relate to legally protected rights.

2.    You Need to Prove You Were Subject to an Adverse Employment Action 

Adverse employment action is another key element of a retaliation claim. You must prove that the employer took an adverse action against you. Termination is the clearest example of an adverse action. With that being said, retaliation laws reach further than that. Adverse action can come in  a wide range of different forms. Some additional examples include demotions, pay cuts, schedule changes, discipline, denied promotions, and negative evaluations can qualify if they would deter a reasonable employee from engaging in protected activity. Courts focus on real consequences, not minor annoyances. Make sure any adverse action is well-documented. 

3.    You Need to Prove a Causal Connection Between these Two Things 

Finally, you need to prove a causal connection. In other words, you need to prove that you were punished by your employer because you engaged in protected activity. Causation is where most retaliation cases are won or lost. You must show that the protected activity caused the adverse action. Timing can matter. A close temporal relationship between the complaint and the discipline can support an inference of retaliation. Timing alone rarely carries the case. Strong claims also include inconsistent explanations, shifting justifications, or harsher treatment than similarly situated employees. Statements by supervisors, even indirect ones, can be powerful. 

Get Help From a Florida Workplace Retaliation Attorney 

Retaliation claims are complicated. If you believe that you were punished because you exercised a protected right under Florida and/or federal law, you may have a claim for retaliation. An experienced Florida employment attorney can help you determine the best course of action.