Retaliation Claim Guides

Reviewed by Cleo Delmar (CD), Editor-in-Chief — Employment & Civil Rights Practice. Updated May 2026.

Retaliatory discharge law is complex, statute-specific, and full of procedural traps — particularly the extremely short OSHA 30-day deadline and the EEOC charge-filing requirements that precede federal Title VII litigation. These guides explain how the law works in plain English, with specific attention to the distinctions that actually matter for employees who believe they have been retaliated against.

All guides are educational materials only, not legal advice. Before taking any action in connection with a retaliation claim, consult a licensed employment attorney. Most offer free, confidential initial consultations and take these cases on contingency.

How retaliation claims work

How Retaliation Claims Work

The three elements of a retaliation claim (protected activity, materially adverse action, causation), the Burlington Northern standard, causation under Nassar, pretext evidence, and the damages available under each major statute.

Types of protected activity and retaliation

Types of Protected Activity and Retaliation

What specific activities are protected under Title VII, the FLSA, OSHA, and workers’ compensation law — and what forms of employer response constitute actionable retaliation beyond termination.

What to do after retaliatory firing

What to Do After Retaliatory Firing

Immediate steps: preserving evidence, documenting the timeline, understanding EEOC and OSHA filing deadlines, beginning your job search mitigation record, and consulting employment counsel.

Common misconceptions

Common Retaliation Claim Misconceptions

Five myths that cause employees to underestimate their claims or miss deadlines: at-will employment, the termination requirement, the need for a successful underlying claim, the informal complaint problem, and statute of limitations misconceptions.

Additional resources