A Kentucky employee who feels that they have been terminated disciplined suspended or otherwise suffered a negative consequences based on their actions against their employer may have a legitimate claim for retaliation.
To successfully prove retaliation, you will need to prove the following:
- You engaged in a protected activity (e.g., filing complaints of discrimination or sexual harassment, participating in EEOC investigation)
- Your employer took adverse action against you (e.g., demotion, suspension, reduction in salary, termination)
- There is a connection between the adverse action and the protected activity (causation).
Proving workplace retaliation
It is not easy to prove workplace retaliation. Generally, the best way to establish retaliation is to show:
- Your employer was aware that you engaged in a protected activity when they took action against you.
- The adverse action was taken soon after the engagement in a protected activity.
- There was no other reason for the adverse action.
Many employees make the mistake of not documenting everything that happens on-the-job. The documentation necessary to prove your claim may include:
- Performance reviews, pay increases, and other evidence to show that the employer was happy with the employee’s performance.
- Emails and other correspondence between employees and supervisors
- Personal notes and journal entries
Dealing with workplace retaliation
Workplace retaliation is a harsh reality that many employees have to deal with. They should know that there are laws in place to protect them from such retaliation. Therefore, to make sure that their rights are protected, they may consider speaking with an experienced employment law attorney.