Main office: Marblehead, MA • Representing employees in Massachusetts and New Hampshire
What Is Workplace Retaliation?
Retaliation occurs when an employer takes an adverse action against an employee because that employee exercised a protected legal right. It is independently unlawful, meaning you can have a strong retaliation claim even if the underlying complaint you made didn’t amount to a violation, and even if the discrimination or harassment you reported ultimately wasn’t provable.
Retaliation claims are often the strongest claim in an employment case. Temporal proximity, being fired, demoted, or treated adversely shortly after engaging in protected activity, is powerful circumstantial evidence, and courts recognize it as such.
Protected activities that cannot lawfully result in retaliation include:
- Filing or threatening to file a discrimination complaint with the MCAD, NHCHR, or EEOC
- Participating in an employer’s discrimination or harassment investigation, including as a witness
- Opposing discriminatory practices in the workplace, even informally
- Reporting illegal employer conduct to a government agency (whistleblowing)
- Taking FMLA leave or requesting a disability accommodation under the ADA or Chapter 151B
- Filing a workers’ compensation claim
- Filing a wage complaint under the Massachusetts Wage Act or equivalent NH law
- Discussing wages or working conditions with coworkers (protected under the NLRA)
- Serving on a jury or engaging in other civic duties
Why Retaliation Claims Deserve Immediate Legal Attention
The timing of retaliation is critical evidence, and it’s also fragile. Employers move quickly to build documentation explaining adverse actions after the fact. Witnesses’ memories of the sequence of events fade. Electronic records get purged on standard retention schedules. The sooner you have counsel evaluating your situation, the stronger your evidentiary position.
Massachusetts deadline
Retaliation claims under Chapter 151B must be filed with the MCAD within 300 days of the retaliatory act, not the protected activity that triggered it.
New Hampshire deadline
Retaliation claims under RSA 354-A must be filed with the NHCHR within 180 days of the retaliatory act. NH whistleblower claims under RSA 275-E must be filed within two years.
Federal deadlines
Title VII, ADA, and ADEA retaliation claims require an EEOC charge, generally within 300 days in a state like Massachusetts with a co-filing agency.
What We Handle — Retaliation Claims
- Discrimination complaint retaliation: adverse actions following MCAD, NHCHR, or internal HR complaints
- Whistleblower retaliation: under Massachusetts, New Hampshire, and federal whistleblower statutes
- FMLA retaliation and interference: adverse actions connected to medical leave or accommodation requests
- Wage complaint retaliation: adverse actions following a Wage Act complaint or wage discussion
- Investigation participation retaliation: adverse actions against employees who serve as witnesses
- MCAD, NHCHR, and EEOC charge filing and representation through the agency process
- Severance negotiation using retaliation claim leverage
- Litigation in Massachusetts and New Hampshire Superior Courts and federal district courts
Frequently Asked Questions — Retaliation Claims
Q: I complained about harassment and my employer immediately put me on a PIP. Is that retaliation?
It may be, and the timing is important evidence. A performance improvement plan issued shortly after a protected complaint, particularly if prior performance reviews were positive, is a classic retaliation pattern. The employer will claim the PIP was performance-based; you’ll need to demonstrate the timeline and show that the stated performance concerns are pretextual. Whitney Law Group advises employees in this exact situation and can help you respond to the PIP while simultaneously preserving your retaliation claim.
Q: My retaliation didn’t result in termination. I was demoted and given fewer responsibilities. Does that count?
Yes. “Adverse action” includes far more than termination. A demotion, a reduction in pay or hours, a transfer to a less desirable position or schedule, exclusion from meetings, removal of responsibilities, negative performance reviews that weren’t warranted, and hostile work environment treatment can all constitute actionable retaliation. The standard is whether the employer’s action would have dissuaded a reasonable employee from engaging in protected activity.
Q: I reported illegal conduct to a government agency and my employer found out. What should I do?
Document everything immediately: the date of your report, the date your employer learned of it, and every adverse action that has occurred since. Do not discuss the matter with HR or your manager without legal advice and do not sign anything. If you haven’t experienced retaliation yet but fear it, Whitney Law Group can advise you on protective steps before you take any action that might be characterized as insubordination or create grounds for a pretextual termination.
Schedule a consulation in Marblehead, MA
Serving Marblehead, MA and the North Shore
Whitney Law Group’s main office is at 11 State Street in Marblehead, MA, the firm’s home since its founding in 2017. We serve clients throughout Essex County and the North Shore, including Swampscott, Salem, Beverly, Peabody, Danvers, Gloucester, Newburyport, and Marblehead. Virtual consultations available statewide.
