Documentation Requirements for Retaliation Claims

⏱️ 1 min read 📚 Chapter 49 of 102

Establishing Causal Connection

Temporal Proximity Evidence: Strong retaliation claims show close timing between protected activity and adverse action: - Immediate retaliation: Adverse action within days or weeks of complaint - Suspicious timing: Retaliation coinciding with investigation milestones - Pattern evidence: Multiple retaliatory acts following protected activity - Escalation timeline: Showing increasing severity of retaliation over time Comparative Treatment Documentation: - Before/after analysis of your workplace treatment - Comparison with how other employees are treated for similar conduct - Evidence of different standards or procedures applied to you - Documentation of preferential treatment for employees who didn't complain - Historical examples of how similar situations were handled previously Retaliatory Intent Evidence: - Direct statements showing retaliatory motive - Circumstantial evidence suggesting retaliatory intent - Pattern of timing suggesting intentional retaliation - Departure from normal procedures following complaint - Evidence of employer hostility toward discrimination complaints generally

Medical and Economic Impact Documentation

Economic Harm Documentation: - Lost wages from demotion, hour reduction, or termination - Missed promotion or advancement opportunities - Lost bonuses, commissions, or incentive payments - Increased job search costs and career transition expenses - Professional reputation damage affecting future earnings Health Impact from Retaliation: - Medical treatment for stress, anxiety, or depression caused by retaliation - Documentation of how retaliation exacerbated harassment trauma - Professional counseling related to workplace retaliation - Physical health problems stemming from retaliation stress - Impact on personal relationships and family life

Electronic Evidence Preservation

Digital Communication Evidence: - Emails discussing or implementing retaliatory actions - Text messages between supervisors about complainant - Calendar entries showing exclusion from meetings or events - Performance management system entries made after complaint - HR information system changes following protected activity Security and Preservation: - Forward retaliation evidence to personal email accounts - Screenshot digital evidence with timestamps and headers - Save social media posts or communications about retaliation - Document changes in electronic access or system permissions - Preserve evidence before it can be deleted or modified

Key Topics