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If you reported harassment or discrimination at work and suddenly found yourself facing write-ups, a performance improvement plan, or termination, you may be wondering whether the timing is more than a coincidence.
Employers can discipline employees for legitimate performance problems. They cannot, however, retaliate against an employee for engaging in a legally protected activity. When negative treatment begins only after an employee speaks up, the employer’s explanation warrants closer scrutiny.
What Does Workplace Retaliation Look Like?
Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity.
Protected activity can include reporting discrimination or harassment, objecting to discriminatory conduct, filing a charge with the Equal Employment Opportunity Commission (EEOC), participating in an investigation, or supporting a coworker who raised concerns.
Termination is one of the clearest examples of an adverse employment action, but retaliation can take other forms. An employee may experience a demotion, a reduction in pay or hours, a suspension, an undesirable reassignment, or another significant negative change at work.
The important question is whether there is a connection between the employee’s protected activity and what happened afterward.
When Poor Performance May Be a Pretext for Retaliation
Employers rarely admit that an employee was fired for complaining about discrimination or harassment. Instead, they may point to another explanation, such as poor performance, attendance problems, policy violations, or restructuring.
In a retaliation case, that explanation may be examined to determine whether it is legitimate or merely a pretext for an unlawful decision.
Timing can be particularly important. Suppose you received satisfactory performance reviews for years. You then reported harassment to HR. Within weeks, your manager began documenting minor mistakes, criticizing work that had never been a problem before, and placing you on a performance improvement plan.
That change does not automatically prove retaliation, but it can raise important questions about the employer’s motivation.
Red Flags After Reporting Harassment or Discrimination
Several circumstances may warrant a closer look at an employer’s claim that an employee was fired for performance.
A sudden change in performance reviews is one example. If your employment record was positive or uneventful until you complained, negative documentation appearing immediately afterward may be significant.
Inconsistent discipline can also matter. An employer may claim that you were fired for violating a policy, but coworkers who engaged in similar conduct were not disciplined. Likewise, unusually severe punishment for a minor or first-time issue may raise questions about whether the stated reason tells the whole story.
Changing explanations can be another warning sign. If an employer gives different reasons for the termination at different times, those inconsistencies may become relevant when determining the real reason behind the decision.
How Missouri Retaliation Claims Are Evaluated
Missouri employees may have protections under federal employment laws as well as the Missouri Human Rights Act (MHRA).
Generally, a retaliation claim involves showing that the employee engaged in protected activity, experienced an adverse employment action, and that there was a connection between the two.
Evidence may include the timing of events, past performance reviews, emails, text messages, disciplinary records, company policies, witness accounts, and information about how other employees were treated in similar situations.
Importantly, retaliation can be a separate legal issue from the underlying discrimination or harassment complaint. An employee who raises a good-faith concern about unlawful conduct may have protection against retaliation even when the underlying complaint ultimately does not result in a successful discrimination claim.
Evidence Can Be Critical in a Workplace Retaliation Case
If you believe you were fired after reporting harassment or discrimination, records from before and after your complaint may help show what changed.
Performance evaluations, awards, productivity records, emails praising your work, disciplinary notices, PIPs, and communications with HR can provide important context. A timeline showing when you made your complaint and when negative treatment began can also help establish the sequence of events.
Employees should also be aware that employment claims are subject to filing deadlines. Waiting too long to investigate a potential retaliation claim can affect the legal options available.
Fired After Reporting Harassment or Discrimination in Missouri?
A termination letter that cites “poor performance” does not necessarily tell the entire story. When an employee’s record and treatment change significantly after reporting discrimination or harassment, the surrounding circumstances matter.
Sedey Harper Westhoff has more than 40 years of experience representing individuals in employment disputes. If you were fired after reporting workplace harassment or discrimination and believe the stated reason may be retaliation, our employment attorneys can review the circumstances and help you understand your options.