Retaliation is one of the most common—and most misunderstood—forms of wrongful termination. Many employees assume they were fired “just because” or “for performance issues,” when in reality, they were let go for exercising their legal rights.
If you’ve recently been fired after reporting something inappropriate, standing up for yourself, or requesting a protected benefit, retaliation could be at the heart of your termination. In this post, we’ll explore what retaliation is, how it leads to wrongful termination, and what you can do if it happened to you.
What Is Retaliation?
Retaliation occurs when an employer takes adverse action—such as firing, demotion, or harassment—against an employee because they engaged in a legally protected activity. In simple terms, it’s punishment for doing the right thing.
Federal and state laws make it illegal to retaliate against employees for:
- Reporting discrimination or harassment
- Filing a complaint with HR or a government agency
- Reporting unsafe working conditions or wage violations
- Participating in a workplace investigation
- Taking leave under the Family and Medical Leave Act (FMLA)
- Requesting a reasonable accommodation for a disability or pregnancy
- Whistleblowing—reporting illegal activity inside the organization
Firing someone in response to one of these actions is not only unfair—it’s illegal.
How Retaliation Leads to Wrongful Termination
Retaliatory termination happens when your employer fires you because of your protected activity, even if they try to disguise the reason. Employers rarely admit they’re retaliating, so the signs are often subtle.
Here’s how retaliation might play out in a workplace:
- You report sexual harassment to HR. A few weeks later, you’re placed on a performance improvement plan for vague reasons, and then terminated.
- You file a workers’ compensation claim after a job injury. Your hours are cut, your workload increases unfairly, and you’re eventually fired for “not being a team player.”
- You request time off to care for a sick parent under FMLA. When you return, you’re excluded from meetings, your responsibilities are reassigned, and you’re let go without explanation.
- You raise concerns about unsafe machinery. A month later, you’re terminated during a “restructuring” that mysteriously only affected you.
If the timing seems suspicious and the employer’s reasons don’t add up, retaliation could be the real cause of your termination.
What Does the Law Say?
Retaliation is prohibited under numerous federal laws, including:
- Title VII of the Civil Rights Act (discrimination and harassment)
- Americans with Disabilities Act (ADA) (reasonable accommodations)
- Age Discrimination in Employment Act (ADEA)
- Occupational Safety and Health Act (OSHA) (workplace safety)
- Family and Medical Leave Act (FMLA)
- Fair Labor Standards Act (FLSA) (wage and hour laws)
- Sarbanes-Oxley Act and other whistleblower protections
Most states have additional laws protecting employees from retaliation as well. This means that even if you’re an “at-will” employee, your employer can’t legally fire you for asserting your rights under the law.
How to Prove Retaliation in a Wrongful Termination Case
Proving retaliation isn’t always easy—but strong cases typically include:
- Timing: You were fired soon after engaging in protected activity.
- Good performance history: You had no significant issues before reporting misconduct or requesting accommodations.
- Changing behavior: Your supervisor’s attitude changed after you spoke up.
- Inconsistent reasons: The employer’s explanation for firing you doesn’t match your record or shifts over time.
- Comparative treatment: Coworkers who didn’t report anything were treated more fairly or weren’t disciplined the same way.
The key is to document everything. Keep emails, performance reviews, HR communications, and notes about what happened and when. Even if you’re no longer employed, you may still be able to gather evidence with an attorney’s help.
What to Do If You Suspect Retaliation
- Write down a timeline of events, including what you reported, when you reported it, and what happened afterward.
- Preserve communications such as emails, texts, and performance evaluations.
- Request your personnel file from HR, if your state allows it.
- Avoid signing severance agreements without legal review. Some contain waivers that prevent you from filing a lawsuit.
- Speak with an employment attorney who can assess your case and advise you on next steps.
You may be entitled to compensation for lost wages, emotional distress, and, in some cases, punitive damages. Some retaliation cases also qualify for reinstatement or corrective actions within the company, depending on your goals.
Final Thoughts
Retaliation can be subtle, manipulative, and deeply damaging. It’s not just about losing a job—it’s about being punished for standing up for your rights. The good news is, the law protects employees from this kind of behavior, and you don’t have to face it alone.
If you believe you were wrongfully terminated in retaliation for speaking up, get legal advice as soon as possible. You may have more rights than you think—and a chance to hold your employer accountable. We recommend wrongful termination lawyers maryland.
