Getting fired stings. It stings even more when you suspect your employer wasn’t being honest about the real reason. Maybe you reported harassment last month, and suddenly your performance reviews tanked. Perhaps you filed a workers’ compensation claim, and now you’re hearing complaints about work quality that never came up before. Our friends at Seber Bulger Law discuss how distinguishing between legitimate performance termination and illegal retaliation becomes the foundation of many wrongful termination cases. If you believe you were fired for the wrong reasons, consulting a wrongful termination lawyer can help you understand your legal options and next steps.
What Makes Termination Retaliatory
Retaliation happens when an employer punishes you for engaging in protected activity. That protected activity might include reporting discrimination, requesting reasonable accommodations, taking family medical leave, or filing wage complaints. The timing often tells the story. If your termination follows closely after one of these protected actions, that raises red flags, but employers rarely admit retaliation. Instead, they point to performance problems, attitude issues, or company restructuring. Your job is to show that the performance excuse doesn’t hold water.
The Timing Question Matters Most
Courts pay close attention to when things happened. Did your employer fire you two weeks after you complained about sexual harassment? Were you terminated shortly after requesting disability accommodations? Proximity between your protected activity and your termination creates what lawyers call temporal proximity, which can suggest a causal connection. However, timing alone won’t win your case. You need more evidence to connect the dots.
Look at Your Performance History
Strong performance records make retaliation cases stronger. Gather these documents if you can:
- Previous performance reviews showed positive ratings
- Emails praising your work
- Promotions or raises you received
- Awards or recognition from management
- Sales numbers or productivity metrics that met or exceeded goals
If your performance was consistently good until right after you engaged in protected activity, that pattern supports your retaliation claim. Sudden negative reviews or write-ups that appear out of nowhere deserve scrutiny.
Compare How Others Were Treated
Did your employer tolerate the same behavior from other employees? If your boss claims you were fired for tardiness, but three coworkers show up late regularly without consequences, that inconsistency matters. Similarly, if others made the same mistakes you allegedly made but kept their jobs, document those examples. Unequal treatment can reveal discriminatory or retaliatory intent.
Watch for Pretextual Documentation
Sometimes employers create a paper trail after the fact. You might notice sudden performance improvement plans, written warnings about issues never mentioned before, or newly documented problems that supposedly occurred months ago. These after-the-fact justifications can actually strengthen your retaliation claim. Pay attention to whether the stated reasons for your termination shift over time. If your employer initially said you were laid off due to budget cuts, then later claimed performance issues, those changing explanations suggest pretext.
Statements from Management Tell Stories
What did your supervisors say? Comments like “you’re causing problems by complaining” or “maybe you’d be happier elsewhere” can demonstrate retaliatory animus. Even seemingly neutral statements about being a “troublemaker” or “not a team player” shortly after protected activity might reveal true motivations. Witness testimony from coworkers who heard these statements adds credibility to your account.
Building Your Case Takes Work
Document everything you can remember and locate any supporting evidence. Write down dates, times, and details of conversations. Save emails and text messages. Identify witnesses who saw what happened or heard relevant comments. The stronger your documentation, the harder it becomes for an employer to claim your termination was purely performance-based. Pattern evidence showing the supposed performance problems only surfaced after you engaged in protected activity can expose retaliation for what it is. If you suspect your firing was retaliation disguised as something else, don’t wait to seek legal guidance. Employment claims have deadlines, and building a strong case takes time. Getting professional help early can make the difference between losing your rights and holding your former employer accountable.