Retaliation is an unlawful payback by an employer for something an employee did that was lawful. Workers who are found to be victims of employer retaliation can sue in court for damages.
Winning a retaliation case can be daunting, but it is possible when you have strong evidence on your side. Your case is only as strong as the evidence you have. In other words, you need to substantiate your claim with facts and evidence. That is when your case gains strength and credibility.
The standard for proving a retaliation claim requires showing that the manager's action might deter a reasonable person from opposing discrimination or participating in the EEOC complaint process.
Although the specific evidence can vary from case to case, your attorney can help you prove that: You've faced or witnessed some form of illegal harassment or discrimination. You took part in a protected activity. In response, your employer took adverse action against you (demotion, termination, etc.).
A strong retaliation case typically involves clear evidence of three key elements: the employee's engagement in a protected activity, an adverse action taken by the employer, and a demonstrable causal connection between the two.
Writing the Retaliation Complaint Letter Your introduction should clearly state your purpose in writing the letter. Begin with a brief explanation of the issue and state that you are writing to report retaliation against you after raising concerns about illegal or unethical practices in the workplace.
Again, there are three elements employees have to prove: First: The employee engaged in protected activity. Second: The employer took an adverse employment action against the employee. Third: The employer took against the employee because of the protected activity.