Title VII and similar employment laws that protect employees would have no value if employers could punish employees for seeking protection under these laws. Thus, employment legislation protects employees from retaliation.
For a successful retaliation claim, an employee needs to show that (1) she was engaged in statutorily protected activity; (2) she suffered a materially adverse action at the hands of her employer; and (3) a causal link exists between the protected activity and the adverse action.
If an employee is fired because she tells her supervisor he is not good at his job, it is likely not retaliation. However, if an employee feels she is terminated because she complains about suffering discrimination and/or harassment in her workplace, then she may have a claim. If you feel your employer has retaliated against you for reporting harassment or discrimination, you should call an experienced employment attorney.
Matt Miller-Novak, Esq.
Godbey and Associates