Employer Retaliation: What It Is and How to Prove It

February 27, 2025

Employer Retaliation: What It Is and How to Prove It

At Angulo Law Office, P.A., we assist employees in Pinellas County, Florida, who believe they have been subjected to workplace retaliation. Retaliation in the workplace can be devastating, impacting your career and financial stability. Understanding what qualifies as retaliation and how to prove it is crucial for protecting your rights.


What Is Employer Retaliation?



Employer retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. Common examples of retaliation include:

  • Termination or demotion after filing a complaint about discrimination or harassment.
  • Reduced hours or pay cuts following a workplace safety report.
  • Unwarranted negative performance reviews after participating in a workplace investigation.
  • Hostile work environment created in response to an employee asserting their rights.


How to Prove Employer Retaliation


To succeed in a retaliation claim, you must prove the following:

  1. Engagement in a Protected Activity
    Employees must show they engaged in an activity protected under the law, such as reporting discrimination, filing a complaint with the
    Equal Employment Opportunity Commission (EEOC), or taking family or medical leave.
  2. Employer’s Adverse Action
    The employer must have taken negative action against the employee, such as termination, suspension, demotion, or pay reduction.
  3. Causal Connection
    There must be a direct
    link between the protected activity and the employer’s adverse action. Evidence such as timing, written communication, or witness testimony can support this claim.


Evidence That Strengthens Your Retaliation Case


If you suspect retaliation, consider collecting:

  • Emails or messages showing a change in treatment after the protected activity.
  • Performance reviews before and after the event in question.
  • Statements from coworkers confirming retaliatory actions.
  • Documentation of complaints or reports you filed.


Legal Protections for Employees in Florida


Under federal and state employment laws, including the Civil Rights Act, the Occupational Safety and Health Act (OSHA), and the Florida Whistleblower Act, retaliation is prohibited. Employees have the right to pursue legal action if they experience workplace retaliation.


Get Legal Help for Employer Retaliation


If you believe your employer has retaliated against you, Angulo Law Office, P.A. can help you understand your rights and pursue legal action. Our team serves Pinellas County, Florida, and is committed to holding employers accountable for unlawful retaliation.

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