Identify the protected activity
A retaliation analysis starts with what you reported, requested, or participated in. Protected activity can include opposing discrimination, participating in an EEO matter, requesting a disability accommodation, or using rights protected by another employment law.
Write down the date, what you said, who received it, and how it was delivered. Preserve the actual complaint or request if you lawfully have it. The employer's knowledge of the activity is often a central fact.
Build the before-and-after timeline
A useful chronology separates ordinary workplace events from changes that began after the protected activity. Record dates, decision makers, stated reasons, and the people who observed what happened.
- Performance reviews, praise, goals, and discipline before the complaint
- The complaint or request and when management learned about it
- Later write-ups, schedule or duty changes, exclusion, demotion, or termination
- What reason the employer gave and whether that explanation changed
Preserve records lawfully
Keep your own communications, pay records, reviews, policies made available to you, and notices sent to you. Do not access systems without authorization, forward attorney-client communications, or take trade secrets, customer data, or confidential personnel records merely because they might seem relevant.
If you are unsure whether you may keep a document, describe it to counsel before copying or removing it. A lawyer can help identify lawful ways to preserve evidence, including a written preservation request.
Write contemporaneous notes
After an important meeting or conversation, make a dated note that separates what was said from your interpretation. Identify the participants and any follow-up promised. A short, factual note made close in time is usually more useful than a long reconstruction months later.
Avoid secretly recording conversations without first checking the law that applies where everyone is located. Recording-consent rules vary by jurisdiction.
Do not wait for the record to become perfect
Internal complaints, union processes, and negotiations do not necessarily extend a filing deadline. If the consequences are escalating or employment has ended, promptly ask counsel which deadlines may apply and what should happen next.
Primary resources
