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Retaliation Evidence Guide

How to spot and preserve proof that an employer punished you for protected activity.

What counts as protected activity

Protected activity can include complaining about discrimination or harassment, requesting a disability or religious accommodation, reporting wage theft, raising safety or legal violations, or participating in an investigation. The complaint does not have to be proven correct if it was made in good faith under the applicable statute.

Adverse actions to document

Termination is the clearest hit, but demotion, cut hours, write-ups, transfer to a worse shift, exclusion from projects, or sudden negative reviews after years of praise can also qualify. Note the date of your protected activity and the date each adverse action began.

Evidence that often helps

Emails or texts acknowledging your complaint; HR tickets; witness names; before-and-after performance scores; schedules showing hour cuts; and comments suggesting you were a “troublemaker” for speaking up. Close timing between the complaint and the punishment is frequently powerful—though not required in every theory.

Related claims

See retaliation, Labor Code § 1102.5, and whistleblower claims for how these theories are framed in litigation.

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Common questions

Answers we give on every page before you call. More detail is on our full FAQ page.

Do I have a case?

If you faced discrimination, harassment, retaliation, unpaid wages, wrongful termination, leave denial, or a refused disability accommodation, you may have claims. Whether your facts support a case depends on the evidence, deadlines, and applicable law—we evaluate that in consultation.

How much does it cost?

Initial consultations are typically free. If we take the matter, fees are usually explained in a written agreement before you hire us. Many employment cases are handled on contingency (see below).

Do you work on contingency?

In many employment matters, yes—attorney fees may be collected only if there is a recovery, subject to a signed fee agreement. Costs and fee arrangements can vary by case type; we confirm the terms up front.

How long will my case take?

Some matters resolve in months; contested lawsuits can take a year or longer through discovery, mediation, arbitration, or trial. Timing depends on the claims, court or arbitrator calendars, and whether the other side fights. See how long employment lawsuits take.

What should I bring?

Bring or upload what you have: a short timeline, pay stubs or time records, emails and texts, write-ups or reviews, medical or leave paperwork, and the names of witnesses or managers. See our documentation guide.

Free consultation?

Yes—initial consultations are typically free and confidential. Contacting us does not create an attorney–client relationship until there is a signed written agreement.

What happens after I contact you?

Our intake team reviews what you send, follows up if we need more detail, and screens deadlines and claim types. If the matter may be a fit, we schedule a consultation to discuss options, risks, and next steps—or we let you know promptly if we cannot help.