Retaliation happens when an employer punishes an employee for engaging in legally protected activity. It’s insidious because it often masquerades as routine business decisions—a performance review here, a shift in duties there—until it becomes undeniable. But here’s the good news: retaliation leaves a trail. With the rig
ht steps, you can prove retaliation in the workplace. In Maryland, that means collecting documentation, identifying patterns, and leaning on laws that exist to protect you, like Title VII of the Civil Rights Act and the Maryland Fair Employment Practices Act.
And you don’t have to do it alone. The workplace retaliation attorneys at Smithey Law Group LLC focus exclusively on labor and employment law. With a national reputation for thought leadership and a long list of legal honors, including Super Lawyers, Top 100 Attorneys in Maryland, and Lawdragon’s 500 Leading Plaintiff Employment Lawyers, we know how to hold employers accountable when they violate your rights. Now, let’s break down how to build your case.
What Counts As Retaliation?
Retaliation isn’t always loud. Sometimes it shows up in quiet exclusions, missed opportunities, or sudden hostility after you’ve spoken up. To recognize it, you must understand what the law defines as protected activity and what types of employer behavior cross the line.
Protected activities can include:
- Filing a complaint about discrimination, harassment, wage theft, or safety violations;
- Cooperating with an investigation;
- Requesting accommodations under the Americans with Disabilities Act (ADA) or Family and Medical Leave Act (FMLA);
- Refusing to participate in illegal conduct; and
- Taking legally protected leave.
Adverse actions can take many forms, some obvious, some subtle. Questionable acts include:
- Termination or demotion;
- Pay cuts or denied raises;
- Unwarranted negative performance reviews;
- Schedule changes or shift reductions;
- Transfers to less desirable roles or locations;
- Social or professional isolation; and
- Threats, intimidation, or verbal abuse.
Under the Equal Employment Opportunity Commission (EEOC) guidelines, retaliation does not need to result in job loss to be unlawful. If the employer’s actions “might deter a reasonable person from engaging in protected activity,” retaliation is likely at play. Maryland law mirrors this protection. The Maryland Fair Employment Practices Act (FEPA) makes it illegal for employers to retaliate against employees who file complaints or participate in investigations regarding workplace discrimination.
How Do I Prove Retaliation at Work?
You need to establish three core elements to prove retaliation at work. Together, they form the legal foundation of any workplace retaliation claim:
- You engaged in a protected activity, such as reporting discrimination, requesting accommodations, or cooperating with an internal investigation;
- Your employer took a materially adverse action against you, such as firing, demotion, discipline, or any action that would dissuade a reasonable person from speaking up again; and
- A causal connection exists between the adverse action and the protected activity.
Courts and agencies like the EEOC will look for this connection when evaluating your claim. The stronger the link, the stronger your case.
What Evidence Will Help Me Prove Retaliation in the Workplace?
To prove retaliation in the workplace in a way that holds up in court, start by:
- Saving all emails, memos, texts, and Slack messages, especially those relating to your complaint and any negative treatment afterward;
- Keeping a journal with dates, actions taken, who was involved, and how the events unfolded;
- Downloading performance reviews and saving them before and after the incident; and
- Preserving a copy of your initial complaint or report, including HR forms and emails to management.
You can also build a strong retaliation claim by collecting evidence of:
- Temporal proximity—if the adverse action happens shortly after your protected activity,;
- Pattern of behavior—show a shift in treatment, responsibilities, or tone following your complaint;
- Comparative treatment—if your employer treated similarly situated employees who didn’t complain better; and
- Employer statements—if anyone in management says something like, “you made things difficult when you went to HR.”
If you’re unsure what to do next, a skilled retaliation attorney can help you evaluate your evidence and confidently plan your next move. At Smithey Law Group, we turn patterns into proof and proof into power.
What Are Common Missteps That Undermine Retaliation Claims?
You have one chance to build your claim right. Avoiding common errors can make the difference between justice and disappointment.
Be careful not to:
- Miss filing deadlines. You must generally file EEOC complaints within 300 days in Maryland, but some deadlines are shorter.
- Rely solely on verbal conversations. Memories fade, but emails are forever.
- Forget to report retaliation. Reporting usually happens through the company’s internal process before going external.
- Lose your cool. Retaliatory discharge is illegal, but insubordination can complicate things.
We focus solely on employment law and know how to avoid the missteps that can jeopardize your case. Let us seamlessly guide you through every phase of your retaliation claim, from internal complaints to litigation.
Why Work with Smithey Law Group?
Even the strongest evidence won’t matter if it isn’t framed well. You need an advocate who doesn’t just know the law but has written the playbook. Our workplace retaliation lawyers can help you:
- Evaluate whether your case meets the legal standard for retaliation,
- Gather and organize compelling evidence,
- File an EEOC charge or Maryland Commission on Civil Rights complaint,
- Handle communications with your employer, and
- Negotiate a settlement or pursue litigation if needed.
Retaliation law is complex and procedural. A missed deadline, misstep, or misinterpretation can cost you everything. With our help, you won’t have to guess or go it alone.
Let Us Fight for You
At Smithey Law Group LLC, our practice is rooted in employment law and built on trust, skill, and a track record of success. We’ve been featured in The New York Times, MSNBC, The Washington Post, and U.S. News & World Report. Our attorneys also serve on the Maryland State Bar Association’s Labor and Employment Section Council and its Board of Governors. If you’ve experienced retaliation, don’t wait. We can help you expose the truth, assert your rights, and fight for what you deserve.
