Workplace Retaliation & Wrongful Termination Prima Facie Case Checker
Evaluate the strength of your whistleblower or workplace retaliation claim using the 3-element legal standard: Protected Activity, Adverse Action, and Causal Temporal Proximity.
1. Enter Your Case Details Runs in your browser
2. Your result Live Output
- Element 1: Protected Activity Established: [Protected Activity] I complained in writing/verbally about unpaid wages, overtime, safety (OSHA), harassment, or illegal conduct — Complaining to HR, a manager, or an agency about what you reasonably believe is a legal violation is protected activity.
- Element 3: Strong Causal Inference (90-Day Presumption): [Temporal Proximity] I was fired, demoted, PIP'd, or had hours cut within 90 days AFTER my protected complaint — In California (Lab. Code § 98.7(b) / § 1197.5), adverse action within 90 days of protected wage activity creates a legal presumption of unlawful retaliation.
- Strong Proof of Employer Pretext: [Pretext Evidence] My prior performance reviews were positive before I spoke up, or coworkers with similar conduct were not fired — Sudden negative reviews immediately following a complaint are classic evidence of pretext.
- Documentary Corroboration: I preserved written proof (emails, Slack messages, HR tickets) of my complaint before losing system access — Contemporaneous written records defeat an employer's claim that they 'never knew' about your complaint.
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3. How the rule works
Who this is for
Employees who were disciplined, demoted or fired soon after complaining about pay, safety, discrimination or illegal conduct, and want to organise the facts before talking to an agency or lawyer.
The checklist helps you see the three elements of a typical retaliation claim. It does not judge the strength of your case.
What to have ready
- Your last performance review before the complaint.
- The complaint itself: email, ticket or notes of a conversation.
- Every discipline, schedule change or termination document after it.
- Names of colleagues treated differently for similar conduct.
The rule
Most retaliation claims share the same structure: the employee engaged in protected activity (such as reporting a suspected violation of law or complaining about discrimination), the employer took an adverse action, and there is a causal link between the two. Title VII, 42 U.S.C. § 2000e-3(a), protects employees who oppose discrimination or take part in an investigation; in Burlington Northern v. White (2006) the Supreme Court held that any action that might dissuade a reasonable worker from complaining can count.
California Labor Code § 1102.5 protects employees who disclose information they reasonably believe shows a violation of law. Under § 1102.6, as the California Supreme Court confirmed in Lawson v. PPG Architectural Finishes (2022), the employee must show the disclosure was a contributing factor; the employer must then prove by clear and convincing evidence that it would have taken the same action anyway. Section 98.6 protects complaints about unpaid wages, and a retaliation complaint to the Labor Commissioner under § 98.7 must generally be filed within one year.
Read the official text:
- 42 U.S.C. § 2000e-3 (Title VII retaliation)
- California Labor Code § 1102.5
- California Labor Code § 98.7 (retaliation complaints)
- U.S. EEOC: retaliation
Worked example: a dated timeline
A short timeline is often the most useful document in a retaliation case. Here is one built from emails and HR records.
Jan 15 Annual review: 'exceeds expectations' Mar 3 Emails HR that overtime is not being paid (protected activity) Mar 20 Removed from two client accounts Apr 2 First written warning in 4 years Apr 29 Terminated for 'performance' Gap from complaint to firing: 57 days Deadline to file with the Labor Commissioner (§ 98.7): about Apr 29 next year
Common mistakes
- Losing the evidence. Forward or print your own complaint and the reply, within company policy, before access ends.
- Assuming timing alone proves the case. Close timing helps but the employer will offer a reason; be ready to show it is not the real one.
- Waiting for an internal appeal before filing. Internal processes generally do not pause agency deadlines.
- Not identifying the law you complained about. The protection usually depends on reasonably believing a law was broken.
Limits of this tool
- Retaliation laws and filing deadlines vary by state and by the kind of complaint you made.
- The tool does not cover public employees, whose claims may require earlier administrative notice.
- It cannot assess whether the employer's stated reason will be believed.
Sources were last checked in October 2026. Statutes are amended often; if the official text differs from this page, the official text controls.
4. Clear Next Steps & Statutory Action Plan
- Write a dated timeline from your last good review to the adverse action.
- Save copies of your complaint and any written response.
- Note the shortest deadline that applies to you and contact the relevant agency before it passes.
5. Frequently Asked Statutory Questions (Cal. Lab. Code § 1102.5 & § 98.6; Title VII 42 U.S.C. § 2000e-3(a))
Am I protected if my complaint turned out to be wrong?
Generally yes, if you reasonably and in good faith believed the conduct was unlawful. Both Title VII and California § 1102.5 focus on the reasonableness of the belief.
What counts as an adverse action?
Firing, demotion, pay cuts and schedule cuts clearly count. Under Burlington Northern, other actions can count if they would discourage a reasonable worker from complaining.
How long do I have to file?
It depends on the claim: 180 or 300 days for an EEOC charge, three years for a California Civil Rights Department complaint, and generally one year for a Labor Commissioner retaliation complaint.