How to Document Workplace Retaliation

If you believe you have fallen victim of workplace retaliation, it is imperative that you gather proof of the situation. It is important that you have credible evidence that will help your argument.

In order for you to gather credible evidence for a strong workplace retaliation argument, you should follow these tips:

Record How You Recorded the Incident
It is important that you have notified the workplace retaliation to your employer before anything else, otherwise, you don’t have a workplace retaliation claim if they are not made aware of the protected activity. The first piece of proof that you will need is an actual reporting of the unlawful act. For example, did you file a complaint with an employer, a third party, make a phone call, report it to HR, or anything relative to this? However you decided to report it, you need proof that you were a target of workplace retaliation.

Prove That Your Boss Was Aware
Another important step is that you need to prove that your employer knew that you were a target of workplace retaliation. For example, if you reported it to HR, then this is a good way to show that you notified your employer of the unlawful act or participated in a protected activity. Another important factor is trying to prove that the person who is taking negative action against you was aware of your protected activity prior to retaliating against you.

On the other hand, if you reported something anonymously, you must prove that the person you reported somehow found out, such as through office rumors, sharing it with a coworker who then shared it with you, or sharing it with your boss directly.

Keep a Paper Trail
You should assume that at some point you will not have access to the work computers, therefore, you need to save evidence in a file that is not within your company server, email account, or other work records. You should send any forms of communication or emails that pertain a punishing or negative tone to your personal email and print then out.

Keep in mind that in the state of California, your are not allowed to record anyone without the consent of the other party, which means you can only record conversations if the other person is aware of it. Therefore, it is best to save evidence through emails, or even documenting things by writing it in your notes.

Here is a list of records that can be considered retaliatory behavior:

  • Notice of demotions or negative employment actions.
  • Emails from colleagues about conversations they had with your boss regarding negative employment actions against you.
  • Notes regarding harassing conduct by your employer that resulted in his or her changed demeanor toward you that affected the working relationship.
  • Evidence of your boss micromanaging you when you used to be able to work autonomously.

Lastly, you should gather any other information that compares what used to occur versus what occurs now that you were involved in the protected activity.

If you have an HR department within your company, it is their duty to put a stop to these unlawful acts. If you have notified your HR department, yet the unlawful acts persists, then you need to consult with our team of workplace retaliation lawyers that can get you the legal help you need and deserve.

Contact a Retaliation Attorney Today
At Mann & Elias, we have dealt with a large number of workplace retaliation cases. We understand exactly what it takes to protect those who have fallen victim in a workplace retaliation case. No one, under any circumstances, deserves to experience such an act, as it is unlawful and painful for anyone to have to experience.

If you believe that you are experiencing workplace retaliation and your employer or HR department still has not made any positive changes, then you need to contact a workplace retaliation attorney so we can make sure that this unwarranted behavior does not persist and you get the justice you deserve.

We understand that the repercussions of retaliation in your workplace is never easy to deal with, and you shouldn’t have to deal with it. Feel free to contact us any time to speak to our reputable and experienced employee discrimination lawyers today.