Retaliation is the most common workplace claim nationwide and one of the most damaging types. If you reported discrimination, harassment, or requested a lawful accommodation, and suddenly face punishment, you may need to file a retaliation complaint. But you may also be unsure how to do so. The good news is that employees can pursue a claim through internal reporting, state agencies, or the federal Equal Employment Opportunity Commission (EEOC). Just note that the process takes preparation and careful attention to deadlines.
At Smithey Law Group LLC, our workplace retaliation attorneys focus exclusively on labor and employment law. With leadership roles in the Maryland State Bar Association and recognition in national outlets like The New York Times and MSNBC, our firm provides the authority you deserve when the stakes are highest.
What Are the Steps to Filing a Retaliation Complaint?
A successful retaliation complaint relies on thorough preparation, meticulous attention to detail, and a clear understanding of the proper course of action. Here are five steps that follow these criteria.
Step One: Document the Retaliation
A strong retaliation complaint begins with evidence. Courts and agencies look at whether your employer took adverse action because you engaged in protected activity. To build your case:
- Keep records of the discriminatory or harassing behavior you opposed;
- Save emails, evaluations, or schedules that show changes after your complaint;
- Note dates, times, and witnesses for each adverse action; and
- Track patterns that reveal escalating pressure or exclusion.
Without documentation, claims become more difficult to substantiate. Detailed records help shift the balance in your favor.
Step Two: Use Internal Channels
Before turning to state or federal agencies, many employees first file a complaint internally. Employers often require reporting through HR, ethics hotlines, or direct supervisors. Filing internally shows good faith and may resolve the issue without escalation.
Maryland courts also sometimes consider whether an employee gave the employer a chance to correct the behavior before filing an external complaint. While not always required, internal reports create a record that strengthens your claim later.
Step Three: File with the Maryland Commission on Civil Rights (MCCR) or Equal Employment Opportunity Commission (EEOC)
If retaliation continues, Maryland employees can file with the MCCR or the EEOC. Both agencies enforce state and federal anti-discrimination and retaliation laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
Key details to be aware of include:
- Filing deadline. In Maryland, you generally have 300 days from the retaliatory act to file with the EEOC or the MCCR.
- Dual filing. Submitting with one agency often results in cross-filing with the other.
- Post-filing process. Agencies may investigate, attempt mediation, or issue a “right-to-sue” letter allowing you to proceed in court.
Meeting deadlines is crucial. Missing one can mean losing your right to pursue a claim.
Step Four: Consider Federal and Maryland Law Together
Maryland law prohibits retaliation against employees who oppose discrimination or participate in discrimination investigations. These protections align with federal statutes but can also apply to smaller employers that Title VII of the Civil Rights Act does not always cover.
Understanding how Maryland law interacts with federal rights helps employees choose the strongest forum for their retaliation complaint. Sometimes, state protections extend further, particularly for workers in smaller companies or those outside the EEOC’s jurisdiction. A skilled lawyer can help you understand the best approach.
Step Five: Seek Legal Guidance
Filing a complaint is more than filling out forms. For example, employers often argue that retaliation was performance-based or unrelated to your protected activity, throwing a wrench in your claim. An experienced workplace retaliation attorney can help:
- Frame your claim within the correct statutory language;
- Identify additional claims, such as wrongful termination or breach of contract;
- Meet all deadlines and procedural requirements; and
- Negotiate with agencies or employers to resolve the issue.
At Smithey Law Group LLC, our attorneys bring unmatched authority to every case. With award-winning recognition from Chambers, Super Lawyers, and Lawdragon, as well as authorship of leading Maryland employment law texts, we stand out as a national thought leader in workplace litigation and retaliation claims.
Early Action Equals Justice
At Smithey Law Group LLC, protecting Maryland employees and helping them move forward is our sole focus. With attorneys serving in leadership positions within the Maryland State Bar Association and featured in national media, our firm combines scholarly knowledge with practical advocacy to help you achieve justice.
When retaliation threatens your career, contact us early on to avoid missing crucial deadlines and get support navigating uncomfortable employer interactions. Our team will help you devise a plan and fight for you to have the confidence and strength to move forward.
