How close in time must the retaliation be?
Time is probably the most important evidence of a connection between protected conduct and reprisal. Since the gist of a retaliation claim is that the employer “got mad and got even,” courts expect employers to hit back quickly. As a result, courts have dismissed retaliation claims based on adverse actions taken months after the protected conduct. In some cases the employer might wait patiently to retaliate in a tangible way. In many cases, the employer will still take less tangible actions early on, such as an immediate, unwarranted reprimand. Even though a reprimand might be enough for a retaliation claim by itself, it may be the proof necessary to connect a discharge some months down the road to the employee’s protected conduct.
