Retaliatory Counterclaim

Retaliatory Counterclaim

A retaliatory counterclaim is a legal claim made by a defendant in response to a claim brought against them, asserting that the original plaintiff’s actions were unjust or improper, particularly in a manner that is retaliatory. It is primarily used to address situations where the plaintiff’s lawsuit is perceived as a means to punish the defendant for exercising their legal rights or for engaging in lawful conduct.

In a retaliatory counterclaim, the defendant contends that the plaintiff has engaged in wrongful behavior, such as filing a lawsuit in bad faith or in retaliation for actions taken by the defendant that are protected under law, such as whistleblowing or filing a complaint against the plaintiff. This type of counterclaim can serve as a defense against the original claim and, in some cases, can also lead to the recovery of damages for the defendant.

For example, consider a scenario where an employee sues their employer for wrongful termination. In response, the employer may file a retaliatory counterclaim, arguing that the employee’s lawsuit was an act of retaliation against the employer for having previously filed a complaint about the employee’s misconduct. This counterclaim would then be based on the premise that the employee’s actions were intended to punish the employer for asserting its rights in the workplace.