Employer retaliation is something no employee should take lightly, especially since it can affect how he or she is treated in the workplace and the future of their position. There are many reasons that an employer may want to retaliate against an employee, but no matter what the reason may be, it is illegal. If an employee does find that they have been retaliated against by their employer and they file a claim, there is a good chance that the direct or circumstantial evidence they have against their employer can help them win the case.
When an employer retaliation claim is filed, the employee must first prove that they have in fact been retaliated against. Should they have direct evidence, this will help because it is solid proof that they were fired, suspended or demoted because they participated in a protected activity. This evidence could be in writing or any other form of proof that could be presented to the court.
If that employee fails to present any direct evidence, they could use circumstantial evidence to prove their case. When using this type of evidence, it may be a bit more difficult to prove because the employee will basically have to connect the dots for the court. For example, if an employee was to be promoted and they were not given the job after they reported their employer. They would have to show the court that they did not get promoted because they participated in a protected activity.
Whether an employee has direct or circumstantial evidence that their employer is guilty of retaliation, they will want to consider filing a claim. No one should have to deal with being terminated, demoted or treated unfairly because they did the right thing and reported their employer’s illegal activity. Anyone wishing to move forward with filing a claim can contact an employment law attorney as they may be able to assist you with your case.