Deposition Preparation in Retaliation Cases

To prepare for your deposition, an attorney from the Fort Lauderdale employment law firm that represents you will meet with you. Fort Lauderdale employment attorneys can explain what a retaliation claim is and the evidence that can help you successfully prove that retaliation was present in your case.

Elements of a Retaliation Case

An attorney from the Fort Lauderdale employment law firm that represents you can explain that there are four elements that you must prove by a preponderance of the evidence to prevail in your retaliation claim. The first element is that you were engaged in some type of protected activity. The second element is that there was some type of adverse employment action. The third element is that the engagement in the protected activity resulted in the adverse employment action. The fourth and final element is that you suffered damages due to the adverse employment action.

Protected Activity

The attorney from the Fort Lauderdale employment law firm that represents you can explain that “protected activity” is specific conduct that is listed in federal and state anti-discrimination laws. This protected activity may be reporting actions by others that are prohibited by law. Your report to superiors about the activity must be made in good faith. A good faith showing requires that you had an honest belief that the employer was acting in an unlawful manner and that this belief was reasonable based on an objective analysis of the conduct. Another form of protected activity is to file a charge, testify, assist or participate in an investigation or other proceeding under the statute that applies.

Adverse Employment Action

To meet this element, your Fort Lauderdale employment law firm must show that you were terminated, demoted or were subjected to some other type of adverse action. This action may also be that you received a pay cut, your work responsibilities were altered or your shift changed.

Causation

Your Fort Lauderdale employment law firm must also show that the protected activity had a causal link with the adverse employment action. A short period of time between the protected activity and the adverse employment action can raise an assumption that the two were connected.

Damages

The final element that you must show is that you have been damaged in some way by the adverse employment action. If you were fired or demoted, this element can be easier to prove. However, if your job responsibilities changed or your schedule changed, it may be more difficult to demonstrate that you have indeed suffered damages.

Fort Lauderdale employment attorneys can explain that each of the following four elements must be proven by a preponderance of the evidence. Even if one element is extremely strong, you must still present evidence to prove the remaining three elements. If you would like legal assistance with your retaliation case, contact Mark J. Berkowitz, P.A., for a confidential consultation by calling (954)527-0570.