TSLF Employment Blog

3 Ways to Prove Retaliation as a Federal Employee

Retaliation is the act of punishing an employee for reporting discrimination or participating in a discrimination investigation. Proving retaliation can be tricky, especially when it comes to employees of the federal government, but there are a few tried and true ways an employment lawyer can help you prove retaliation occurred.

Spiggle Law Firm, our Virginia employment lawyers can represent workers of the federal government during retaliation cases. If you believe you may have been the victim of workplace retaliation, our team can represent your interests and help you recover the compensation you deserve from your federal employer.

What Is Considered Workplace Retaliation as a Federal Employee?

Workplace retaliation can take many forms, and federal employees facing retaliation may be:

  • Fired or laid off
  • Demoted
  • Denied overtime or promotion
  • Disciplined
  • Denied benefits
  • Denied hire or rehire
  • Intimidated or harassed
  • Threatened
  • Reassigned to a less desirable position
  • Reduced pay or hours
  • Isolated, ostracized, mocked, or falsely accused of poor performance
  • Blacklisted

Retaliation is illegal under federal law, and it is important to know your rights if you feel like someone has retaliated against you, as you may be eligible to recover financial compensation from the employer.

How Can You Prove Workplace Retaliation as a Federal Employee?

The first step in proving retaliation as a federal employee is to show that you were fired, demoted, denied a promotion, or that another adverse action was taken against you because of a protected activity. You also need to show that the employer’s motivation was to specifically retaliate. This can be done by showing that the employer took adverse action against you after learning about the protected activity.

There are many ways a Virginia employment lawyer can help workers gather evidence to prove retaliation, and what you will need will depend on your unique situation. However, there are three ways that are often effective in proving retaliation. They include evidence that shows the following:

  • A hostile work environment: Proof can include documentation of offensive or graphic comments, actions, and remarks.
  • A pattern of harassment or discrimination: If coworkers or supervisors have shown a pattern of discriminating against you or harassing you, then this would show intent, and it could make them liable for any damages.
  • Reprimanding after whistleblowing: Employees who inform human resources, legal representatives, managers, or law enforcement about discrimination, prejudice, or harassment in the workplace often face retaliation. Documentation of the whistleblowing, along with proof of the worker being reprimanded shortly afterward, can prove retaliation in court.

Our Virginia Federal employee retaliation lawyer can help the court see the link between your protected activity and the negative action by the employer, as well as prove that the two actions are related.

How Can You Prove Workplace Retaliation as a Federal Employee?

If you are a federal employee who believes that you have been the victim of workplace retaliation in Virginia, it is important to know that there are steps that can be taken to address your concerns. A Spiggle Law Firm employment lawyer can help you gather evidence, prepare for the hearing, and negotiate settlement options on your behalf. You may be able to recover damages for the harm done by your employer’s retaliatory actions. This can include reinstatement with back pay and benefits, as well as money for emotional distress and any other losses you suffered as a result of their unlawful conduct. To schedule a free review of your case, call our office at (202) 449-8527, or you may contact us online by filling out our contact form.

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