Employees in the United States have certain rights under both state and federal law. If your employer violates those rights, you have the right to report them. Additionally, if you witness a co-worker’s rights being violated, you have the right to report the violation and participate in an investigation relating to those infringements.
Many employees hesitate to protect their rights at work for fear of retaliation. But what is considered retaliation in the workplace? And what if you get fired? Or what if you get demoted to a position that is intolerable or lower-paying? Retaliation can include any adverse job action an employer takes—termination, demotion, exclusion, or even heightened scrutiny—because you reported wrongdoing or supported someone who did. These fears are real, but the law is clear: your employer cannot legally punish you for speaking up.
So if you fear reporting workplace violations or if you have suffered retaliation for making a report, it is time to speak with a lawyer. An experienced employment legal matters attorney can help you sift through the facts of your case, stand your ground, and seek the justice that you deserve.
What Is Considered Retaliation in the Workplace?
Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity. The most common forms of retaliation include firing or demoting an employee, but they can also include subtler actions designed to intimidate, isolate, or punish an employee for speaking up. These acts are unlawful if they would discourage a reasonable person from asserting their rights.
Examples of workplace retaliation include:
- Terminating or laying off the employee shortly after they file a complaint;
- Denying promotions, pay raises, or desirable assignments without legitimate cause;
- Subjecting the employee to increased scrutiny, disciplinary write-ups, or surveillance;
- Changing work schedules to create hardship or conflict with outside obligations;
- Reassigning the employee to a lower-status role or undesirable location;
- Fostering a hostile environment where the employee is ignored, ostracized, or humiliated.
In short, retaliation refers to any adverse employment action that an employee can link to their decision to report illegal conduct, participate in an investigation, or assert their workplace rights. While not every negative change at work is illegal retaliation, a sudden shift after a protected action should raise red flags.
What Is Protected Activity?
Before we can have a meaningful discussion about retaliation, we must first define what we mean by protected activity in the workplace. In general, protected activity refers to actions that an employee may take under the law in response to illegal or unethical workplace conditions. There are a number of state and federal equal opportunity employment laws that define illegal discrimination, harassment, and other activity that is prohibited at work. Here are some equal opportunity employment laws that exist to protect workers in Maryland:
- The Civil Rights Act of 1964;
- The Code of Maryland §20-606;
- The Fair Labor Standards Act (FLSA);
- The Age Discrimination in Employment Act (ADEA); and
- The Americans with Disabilities Act (ADA).
One example of the legal rights these laws protect is the right to be free from discrimination based on race, sex, sexual orientation, country of origin, gender identity, age, disability, or marital status. These laws also protect against sexual harassment and establish basic ethical and safety protocols consistent with public policy.
So if an employee is subjected to discrimination or harassment, they have the right to file a complaint. A lawyer can help you determine whether you should file your complaint with the Equal Employment Opportunity Commission (EEOC) at the federal level or if you should begin your efforts at the state level by filing with the Maryland Commission on Civil Rights (MCCR). Either way, once you file a complaint alleging illegal activity on the part of your employer, the law prohibits the employer from retaliating against you.
What Are the Three Elements of Proof?
You must be able to prove three elements for a successful employer retaliation claim:
- You took part in protected activity;
- Your employer retaliated against you for that activity; and
- Your employer’s retaliatory action was in response to the protected activity.
Taking part in protected activity basically means that you asserted your rights or the rights of a co-worker. This usually means that you reported illegal discrimination or other illegal activity. However, it also includes participation in an investigation into claims filed by co-workers. For instance, if a co-worker files a claim alleging racial discrimination and you become a witness against your employer in that action, the law protects you against retaliation for your part in that case.
But let’s move on to discuss what constitutes retaliation and how you might go about proving that an employer has retaliated against you.
What Are Retaliatory Behaviors?
There are many ways that an employer can retaliate against a worker for “blowing the whistle” on illegal workplace activity. Essentially, any employer action that has negative consequences for the employee can potentially be retaliation. This includes getting:
- Demoted;
- Fired;
- Subjected to increased or intense scrutiny while on the job;
- Suspended from work;
- Reprimanded unjustly;
- Evaluated negatively without cause;
- Moved to a less tolerable work environment;
- Assigned new and undesirable work tasks;
- Transferred to another office location that is undesirable or that makes it impossible to keep your job; and
- Ridiculed by your boss either alone or in front of co-workers.
As you can see, there are many ways for an employer to retaliate. However, proving that any specific act or set of actions was retaliatory in nature can be challenging. Such proof requires getting into the mind of your employer to a certain degree to assess their motives. Although it can be difficult to prove what someone’s intention was, your attorney will look for certain combinations of actions to ascertain motive.
How Do I Determine Motive?
Here are some tell-tale signs that your employer has retaliated against you.
Timing
If you file a claim against your employer and notice shortly afterward that they are treating you differently, there is a good chance that you are the victim of retaliation. Generally speaking, the closer in time that these two events occur, the stronger the correlation is and the stronger your retaliation case becomes.
Pretext
If your employer takes negative action against you, you will naturally ask for an explanation. If the explanation your employer gives seems unlikely or falls apart easily, they may be covering for retaliatory behavior. Likewise, if you receive contradictory explanations from different supervisors or the reasons keep changing, you are likely being retaliated against. So always ask for an explanation. And if you can, get it in writing each time a supervisor gives you an inconsistent explanation. If they won’t put it in writing, be sure to keep good notes. This can go a long way in proving your claim down the road.
Sudden Changes
Essentially, if your employer’s attitude and treatment of you changes suddenly and without cause, it can serve as proof of motive. This is particularly true when no other employees are similarly affected and when no decline in productivity or job performance accompanies these sudden changes.
Documenting the Retaliation
To build a strong retaliation case, you need more than intuition. Begin keeping a journal immediately after reporting misconduct or participating in an investigation. Record every instance that feels retaliatory—even if you’re unsure it counts. Note the date, time, what was said or done, and who witnessed it.
Also, preserve emails, performance reviews, and HR communication. If a manager praises you one week and then criticizes you unfairly the next, after you’ve reported them, those records will be essential. The stronger your timeline, the more difficult it becomes for your employer to explain their behavior away.
What Kind of Documentation Do I Need?
If you believe your employer is retaliating against you, clear documentation is one of your most powerful tools. A well-organized paper trail can provide the missing link between your protected activity and your employer’s adverse actions.
Start with a detailed journal. Begin recording events the moment you suspect retaliation, or better yet, when you file a complaint or participate in an investigation. For each incident, include the date and time, a detailed description of what happened, the names of those involved, and whether anyone witnessed it.
Beyond your personal notes, gather tangible documents. These can include:
- Emails, Slack messages, or other digital correspondence that reflect a change in tone, treatment, or workload;
- Performance evaluations, especially if they show a sudden drop in scores after your complaint;
- HR reports, disciplinary notices, or write-ups that appear to be exaggerated, inconsistent, or unearned;
- Scheduling changes or reassignments, particularly if they appear punitive or create logistical hardships; and
- Internal communications where supervisors or HR refer to your complaint, even indirectly.
If you were praised or rewarded before filing your complaint, those records become even more valuable. For instance, if your manager gave you a glowing review just weeks before your report, and then suddenly claims your work is “subpar,” that discrepancy can help expose retaliatory motives.
Also, consider keeping a separate log of conversations. Immediately note if a supervisor says something concerning but refuses to document it in writing. Write down who said what, where it happened, and how you responded. Include any witnesses. Courts understand that not all retaliation occurs in writing, so your real-time records can help fill the gaps.
The stronger your documentation, the more difficult it becomes for your employer to deny or explain away their behavior. Ultimately, well-kept records can be the difference between a dismissed claim and one that leads to meaningful relief.
What Are the Legal Remedies for Workplace Retaliation?
If your employer retaliates against you, you may be entitled to a range of remedies under both federal and Maryland law. Depending on the circumstances, these may include:
- Reinstatement to your former position;
- Back pay for wages lost due to demotion, suspension, or termination;
- Compensatory damages for emotional distress or reputational harm; and
- Punitive damages in egregious cases where the employer acted with malice.
In addition to monetary compensation, you may also be able to request injunctive relief, such as stopping the employer from continuing retaliatory behavior or requiring changes to company policies.
The EEOC and the MCCR both provide avenues for filing retaliation complaints. A lawyer can help you choose the appropriate venue, file on time, and avoid common procedural pitfalls.
When Should I Speak with a Lawyer?
If your gut tells you something is off at work, and it started after you stood up for yourself or someone else, it’s worth speaking with an attorney. Retaliation isn’t always as obvious as a pink slip. Sometimes, it’s a slow erosion of opportunities, respect, or support.
At Smithey Law Group, we’ve helped countless Maryland workers document retaliation, confront unlawful conduct, and recover what they’ve lost. We know how to read between the lines, ask the right questions, and craft a compelling narrative that courts and employers can’t ignore.
FAQ: Common Retaliation Questions Answered
Can My Employer Fire Me for Reporting My Boss to HR?
No. Reporting your boss for harassment, discrimination, or other illegal behavior is a protected activity.
What If I’m Retaliated Against, but I Never Made a Formal Complaint?
Retaliation protection applies to formal complaints, informal reports, participation in investigations, and even refusing to participate in illegal conduct.
How Long Do I Have to File a Retaliation Claim?
Under federal law, you typically have 180 days from the retaliatory act to file with the EEOC, though this extends to 300 days in Maryland due to overlapping state laws.
Does Retaliation Have to Be Extreme to Count?
No. While firing or demotion are obvious examples, even subtle shifts, such as a sudden denial of a promotion, unjustified disciplinary action, or exclusion from key meetings, can qualify.
Can Retaliation Happen Even If the Original Complaint Is Unproven?
Yes. You’re protected if you made the complaint in good faith. It only requires that you reasonably believed illegal conduct occurred.
Get Help Now: Contact Smithey Law Group
Not only are employers prohibited from retaliating against you for filing claims against them, they cannot bar employees from participating in investigations into company conduct. They cannot pressure you to refuse to cooperate with investigations, and they cannot pressure you to lie for them. If you believe that you are the victim of workplace retaliation, you need the protection of the experienced employment legal team at the Smithey Law Group. We will be your advocate during this stressful process, and we will work to protect your legal rights. Call us at 410-919-2990 or contact us online today.
