Your workplace rights only exist to the extent that you can actually exercise them. Federal and state regulations—from Title VII of the Civil Rights Act to the Connecticut Fair Employment Practices Act (CFEPA)—provide comprehensive protections against retaliation. In other words, workers can exercise their rights under these laws without facing any repercussions from their employer.
If you were fired for bringing a complaint or otherwise exercising your rights, you have the right to bring a wrongful termination claim. Timing is a key form of evidence in most retaliation-based wrongful discharge cases. Here, our Connecticut wrongful termination lawyers explain why timing is so important in retaliation claims.
What is Retaliation?
Retaliation in employment law refers to adverse actions taken by an employer against an employee because that employee engaged in a legally protected activity. Some common examples of protected activities include filing a complaint about workplace discrimination or harassment, participating in an investigation involving the employer, and advocating for others’ rights in the workplace. Retaliation can come in a wide range of different forms—from demotion to termination, to a salary reduction to an unjustified negative performance review. Notably, retaliation is one of the most common causes of action cited in employment law claims. There are three required legal elements in a employment retaliation complaint in Connecticut:
- You engaged in a protected activity;
- You face adverse action from your employer (such as termination); and
- There is a causal relationship between the first two elements.
Why Timing is Such an Important Form of Evidence
Retaliation claims are complicated. To bring a successful complaint for wrongful termination on the basis of retaliation, you must prove that you were fired because of your protected activity. Timing plays a crucial role in retaliation claims because it can strongly suggest a causal connection between an employee’s protected activity and the employer’s adverse action. If an adverse employment action occurs shortly after an employee files a complaint, participates in an investigation, or supports a coworker’s harassment claim, this proximity in time can be compelling evidence of retaliatory intent. The Equal Employment Opportunity Commission (EEOC) explains that this concept is referred to as temporal proximity. Temporal proximity refers to the closeness in time between two events. For the purposes of retaliation claims, the closer that two events are in time, the more likely that there is to be some sort of causal relationship between the two.
Temporal Proximity is Evidence of Retaliation in a Wrongful Termination Claim
In wrongful termination claims based on an allegation of retaliation, temporal proximity almost always serves as a critical piece of evidence. When an employee is dismissed shortly after engaging in a protected activity—such as reporting discrimination, filing a workplace safety complaint, or participating in an investigation—this close timing can indicate retaliatory intent by the employer. Courts often rely on the proximity in time as a strong indicator that the termination was not for legitimate business reasons but a direct response to the employee’s protected actions.
The evidence can be especially persuasive in the absence of other explicit retaliatory motives. Here is a major challenge: Employers often attempt to conceal retaliatory motives behind seemingly legitimate business decisions to avoid legal repercussions. In fact, they may provide reasons such as poor performance, restructuring, or economic downturns as the basis for adverse actions like terminations or demotions. The obfuscation can make it challenging for employees to prove that the adverse action was a direct result of their engagement in protected activities. As such, timing (temporal proximity) as evidence can be very important.
Note: The lack of temporal proximity is not automatically evidence of no wrongful termination for retaliation. In some cases, more “savvy” employers try to actively conceal their retaliatory animus. For example, imagine that an employee complains about sexual harassment in January of 2024. The worker has stellar performance reviews. Suddenly, they might start getting bad performance reviews. More than a year later, they eventually get fired. The employer cites the recent bad performance records. That could actually be evidence of retaliation. While the termination did not closely follow the sexual harassment complaint, the negative performance reviews did. It suggests that the employer may have tried to “build a case” for termination.
A Comprehensive Investigation is a Must
Every wrongful termination case requires a thorough, detail-focused investigation by an experienced Connecticut employee rights attorney. A comprehensive investigation is crucial in wrongful termination cases to establish whether the dismissal was legally justified or an act of discrimination or retaliation. An investigation should carefully examine the employer’s stated reasons for termination—searching for inconsistencies or deviations from normal procedures. Your lawyer will review everything from witness statements to internal communications to performance records to the timing of the termination relative to any protected activities by the employee.
Why Trust the Wrongful Termination Attorneys at Hayber McKenna & Dinsmore
The loss of a job can disrupt your entire life. It can put a tremendous financial strain on a worker and their family. Beyond that, wrongful termination cases are complicated—especially so when relying on evidence of temporal proximity to establish unlawful retaliation as the basis of the claim. You do not have to take on an employer alone. At Hayber, McKenna & Dinsmore, LLC, we fight for justice for employees who have been wrongfully terminated. With a proven record of client testimonials and a history of representative case results, our Connecticut wrongful termination lawyers are prepared to take your case as far as it needs to go to deliver the best possible outcome.
Set Up a Consultation With Our Connecticut Wrongful Termination Lawyer Today
At Hayber, McKenna & Dinsmore, LLC, our Connecticut wrongful termination lawyers are strong, skilled, and experienced advocates for workers. Were you fired due to illegal retaliation? You need a lawyer. Reach out to us by phone at (860) 522-8888 or contact us online to arrange your completely private, no obligation initial case review. With law offices in Hartford and Milford, we fight for the rights of workers who have been wrongfully terminated throughout Connecticut.