Retaliation is a word that carries some often heavy connotations. When it comes to workplace retaliation, it normally involves something like the following –

> Firing an employee, perhaps the most extreme example of adverse action

>> Demoting an employee

>> Changing an employee’s role to his or hers disadvantage or displeasure

>> transferring the employee

>> Altering the employee’s role

>> Withholding a salary increase or promotion

> Workplace abuse or harassment or bullying

Proving retaliation in the workplace usually involves circumstantial evidence that connects the retaliatory conduct from the employer to the adverse effects upon the employee

These are all actions that could be called employment discrimination and can lead to a claim of workplace retaliation.

The ability to prove retaliation is perhaps easiest where an employer simply fires or demotes an employee. Generally of course this action is

unlikely to occur immediately after the activity that prompts the firing or demotion. it will usually occur after some considerable time and

the employer will dress up the action to avoid negative action from the employee and the threat of a retaliation lawsuit.

They will therefore tend to justify their actions by providing poor performance reviews, reprimanding the employee for unwarranted reasons.

But remember too that the employer may make life at work so unpleasant or difficult that there is effectively a constructive dismissal...

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