How Retaliation Cases Are Proven

The Framework

Retaliation cases are not typically based on direct admissions.

They are evaluated based on:

• timing

• sequence of events

• documentation

• consistency in the employer’s explanation

Timing

When adverse action follows closely after protected activity, it may raise questions about motive.

Employer Explanations

Employers often cite:

• performance

• restructuring

• policy violations

The issue is whether those explanations hold up.

Documentation

Key evidence includes:

• internal communications

• performance history

• timelines