You did the right thing—reported discrimination, filed a safety complaint, or blew the whistle on illegal activity. Then your employer punished you for it. Workplace retaliation is illegal, and it’s one of the most common employment law violations. You may have grounds to sue your employer for fighting back against you for exercising your legal rights.
Quick Answer
You may be able to sue for retaliation if your employer took adverse action against you because you engaged in protected activity—like reporting discrimination, filing a safety complaint, or refusing to do something illegal. Retaliation claims are often easier to prove than the underlying complaint, and many employees win substantial damages. An employment attorney can evaluate your case.
What Is Workplace Retaliation?
Retaliation occurs when an employer punishes an employee for engaging in legally protected activity. It has three elements:
- Protected activity – You did something the law protects
- Adverse action – Your employer did something harmful to you
- Causal connection – The adverse action was because of your protected activity
What Counts as Protected Activity?
| Category | Examples of Protected Activity |
|---|---|
| Discrimination complaints | Reporting discrimination or harassment; filing an EEOC charge; participating in an investigation |
| Safety complaints | Reporting OSHA violations; refusing unsafe work; reporting workplace injuries |
| Wage complaints | Reporting unpaid wages; discussing pay with coworkers; filing a wage claim |
| Whistleblowing | Reporting fraud, illegal activity, or regulatory violations |
| Leave requests | Requesting FMLA leave; taking protected medical or family leave |
| Workers’ comp | Filing a workers’ compensation claim |
| Legal duties | Serving jury duty; complying with a subpoena; military service |
| Union activity | Organizing; discussing working conditions with coworkers |
You Don’t Have to Be Right
You’re protected from retaliation even if your underlying complaint turns out to be unfounded—as long as you had a reasonable, good-faith belief that something illegal was happening. The law protects people who speak up, not just those who are proven correct.
What Counts as Adverse Action?
Adverse action is any action that would dissuade a reasonable worker from engaging in protected activity. It includes:
Obvious Retaliation
- Firing or layoff
- Demotion
- Pay cut or reduced hours
- Denial of promotion or raise
- Suspension
Subtle Retaliation
- Exclusion from meetings or projects
- Negative performance reviews (when unwarranted)
- Increased scrutiny or micromanagement
- Undesirable schedule or assignment changes
- Hostile treatment by supervisors
- Being isolated or ostracized
- Denial of training opportunities
What Usually Doesn’t Count
- Minor inconveniences (different parking spot, minor schedule change)
- Personality conflicts unrelated to protected activity
- Legitimate discipline for performance issues unrelated to your complaint
Proving Retaliation
The Legal Framework
Courts typically use this framework:
- You establish a prima facie case:
- You engaged in protected activity
- Your employer knew about it
- You suffered an adverse action
- There’s a causal connection between the two
- Employer provides a legitimate reason for the action
- You show that reason is pretextual (a cover for retaliation)
Evidence That Helps Your Case
| Type of Evidence | What It Shows |
|---|---|
| Timing | Adverse action shortly after protected activity (days or weeks) |
| Deviation from policy | Employer didn’t follow normal procedures |
| Prior good reviews | Sudden negative reviews after complaint |
| Disparate treatment | Others who didn’t complain treated better |
| Statements | Comments showing hostility about your complaint |
| Shifting reasons | Employer’s explanation keeps changing |
Timing Is Powerful Evidence
If you were fired, demoted, or disciplined shortly after engaging in protected activity, that timing alone can be strong evidence of retaliation. Courts recognize that employers rarely announce retaliatory motives—they infer them from suspicious timing and circumstances.
Common Retaliation Scenarios
After Reporting Discrimination
You filed an EEOC charge or complained to HR about discrimination. Shortly after, you were:
- Given poor performance reviews despite no change in work
- Excluded from projects or meetings
- Transferred to a less desirable position
- Fired for vague or pretextual reasons
After Filing for Workers’ Compensation
You got injured on the job and filed a workers’ comp claim. Then your employer:
- Fired you while you were still on leave
- Reduced your hours when you returned
- Created a hostile environment to pressure you to quit
After Reporting Safety Violations
You reported unsafe conditions to OSHA or your employer. Afterward:
- You were assigned to the most dangerous shifts
- Your hours were cut
- You were terminated for minor infractions that others commit without consequence
After Taking FMLA Leave
You took protected medical or family leave. When you returned:
- Your position had been eliminated
- You were demoted
- You were treated as if you had performance problems
Filing a Retaliation Claim
EEOC Complaints (Discrimination-Related Retaliation)
If retaliation relates to discrimination complaints:
- File a charge with the EEOC within 180 days (300 days in some states)
- EEOC investigates and issues a right-to-sue letter
- File lawsuit within 90 days of receiving letter
OSHA Complaints (Safety-Related Retaliation)
If retaliation relates to safety complaints:
- File with OSHA within 30 days of the retaliatory action
- OSHA investigates and may order reinstatement and back pay
Whistleblower Protections
Deadlines and procedures vary by the specific whistleblower law. Some require filing with specific agencies; others allow direct lawsuits. Consult an attorney promptly.
What You Can Recover
- Back pay – Lost wages from termination to resolution
- Front pay – Future lost earnings if reinstatement isn’t practical
- Compensatory damages – Emotional distress, mental anguish
- Punitive damages – To punish egregious conduct (in some cases)
- Reinstatement – Getting your job back
- Attorney fees – Many laws require employer to pay your legal fees if you win
Frequently Asked Questions
Can I sue for retaliation if my underlying complaint wasn’t proven?
Yes. Retaliation is a separate violation from the underlying complaint. Even if you can’t prove discrimination occurred, you can still prove your employer retaliated against you for complaining about it—as long as your complaint was made in good faith.
How do I prove my employer retaliated against me?
You don’t need a confession. Courts look at circumstantial evidence like: timing (adverse action shortly after protected activity), deviation from normal procedures, pretextual reasons, and disparate treatment compared to others.
What if my employer says I was fired for performance?
Employers often claim performance issues to justify retaliation. You can challenge this by showing: prior good reviews, sudden change after your complaint, different treatment than similar employees, or evidence the stated reason is false.
Can I be retaliated against for complaining about a coworker’s treatment?
Yes. Opposition to discrimination is protected even if you weren’t the target. If you complained about harassment of a coworker or participated in someone else’s investigation, retaliation against you is illegal.
Is it retaliation if my employer gives me a bad reference?
Potentially. Providing false or negative references because you filed a complaint could be retaliation. Former employers can also be liable for post-employment retaliation.
When to Contact a Lawyer
Consider consulting an employment attorney if:
- You were fired, demoted, or disciplined after making a complaint
- Your working conditions worsened after engaging in protected activity
- The timing between your protected activity and adverse action is suspicious
- Your employer’s stated reason for the action seems pretextual
- Filing deadlines are approaching
Many employment attorneys offer free consultations and work on contingency—you pay nothing unless you win.
Last updated: January 2025
This article provides general information about workplace retaliation in the United States. Laws vary by state and individual circumstances. Consult with a qualified employment attorney in your state for advice specific to your situation.
