Retaliation cases could be more difficult to win than other types of employment law cases because they often involve the employer’s intentions. The intent behind an employer’s adverse action is always a tricky thing to prove because there is usually no direct evidence of what an employer was thinking during the time they took the adverse action. However, there are a number of ways to show that an employer was motivated by retaliation, including circumstantial evidence such as the timing of the adverse action in relation to the protected activity.