Employment Law
Los Angeles Workplace Retaliation Lawyers
Protecting Your Employee Rights
Do you believe your employer is punishing you for reporting unlawful conduct? Are you afraid to confront your employer for fear that they will take adverse action against you? King & Siegel LLP is here to help. Our Los Angeles workplace retaliation attorneys represent California workers in cases against their employers. If you believe that you are being unfairly retaliated against, reach out to our experienced legal team as soon as possible.
Types Of Workplace Retaliation
We have helped clients recover compensation after experiencing all types of workplace retaliation, including:
- Demotion,
- Unfair firing,
- Pay reductions,
- Denied opportunities for promotion,
- Denial of equal training benefits,
- Exclusion from meetings,
- Undesirable job reference,
- Changing shift schedules,
- Negative performance reviews,
- Unacceptable working conditions,
- Excessive disciplinary action,
- Unwarranted monitoring, and
- Unnecessary relocation.
No matter which type of retaliation you have experienced, our employment lawyers can help you hold your employer accountable for their actions. During your free initial case review, our attorneys can evaluate your situation, address your questions and concerns, and begin to implement an effective legal strategy. We are committed to guiding you through the entire legal process from start to finish.
If you have been a victim of retaliation in the workplace, take action by contacting our employment lawyers today at (213) 465-4802.
Protected Activities in California
Workplace retaliation occurs when an employer takes an adverse employment action against an employee as a response to the employee engaging in a legally protected activity.
Under California Law, there are many activities that are “protected,” including:
- Filing a workers’ compensation claim,
- Reporting hazardous safety or health conditions,
- Resisting sexual harassment,
- Reporting discrimination in the workplace,
- Discussing salary issues with managers or co-workers,
- Taking time off work to serve on a jury,
- Submitting a wage claim to the California Labor Commissioner,
- Going on sick leave to take care of an ill family member,
- Reporting a failure to provide accommodation for a disability, and
- Engaging in a particular political activity.
You are also protected if your employer retaliates against you for helping a co-worker with the investigation or litigation of an employment law violation.
EXAMPLES OF SUBTLE WORKPLACE RETALIATION
If your employer fires you out of the blue or demotes you without a reasonable justification after you exercise your employee rights, it is typically a clear-cut example of unlawful retaliation. But many employers have learned how to better hide their unlawful actions by engaging in insidious behavior that can be just as harmful as an unwarranted termination. Subtle acts of retaliation can include the following:
- Undesirable changes in your workspace – Has your desk or work area moved since making a complaint about your employer? An employer who isolates you with a new workspace or places you in a workspace that is worse than before (darker, fewer amenities, farther away from a central hub, etc.) might be trying to make you miserable as punishment for your protected activity, which is illegal.
- A reduction in responsibilities – Aside from cutting your pay or benefits, there are several ways an employer can make your job less lucrative in an attempt to punish you for asserting your rights. If an employer starts to take assignments away from you that you have typically handled in the past, it could be an unlawful effort to reduce your opportunities to build management experience or network with crucial clients.
- Denying requests for time off – Sometimes, your employer’s approval of time off to attend events or recharge is purely voluntary, but if you notice that your employer denies every time-off request that it would have granted for you before you engaged in a protected activity, it could be unlawful retaliation.
If you notice any activity in your workplace that is making your working environment more unpleasant than it was in the past, you might be a victim of illegal retaliation, and you should immediately seek the help of an employment retaliation lawyer.
How To Prove Retaliation In The Workplace in California?
Although there are laws in place that protect workers from retaliatory action for protected activity, it is often difficult to prove a workplace retaliation claim.
To prove a workplace retaliation claim, you must show that:
- You engaged in a protected activity,
- You suffered a tangible adverse employment action, and
- The main reason for the adverse employment action is your engagement in the protected activity.
The two most important factors in establishing the correlation between your employer’s retaliatory action and your engagement in the specific protected activity include keeping good records and working with an experienced employment law firm. Our attorneys are here to help you through every stage of building a strategic case to achieve your legal goals.
What To Do If You Suspect Workplace Retaliation
If you have been the victim of workplace retaliation, make sure that you take steps to protect your rights.
- Document everything: Keep records of every incident related to your case from the moment you suspect it, including emails, written documents, texts, performance reviews, internal memos, and other evidence that can be used in your case. Even verbal comments should be written down and kept for your records.
- Follow internal procedures: Some companies have a handbook on how discrimination or harassment is dealt with internally. File a complaint with your company to allow them a chance to correct the incident and have the complaint on record.
- Contact an employment attorney: It is highly recommended that you discuss your concerns with an attorney to understand your rights and how to properly handle your case. Your Los Angeles workplace retaliation attorney can explain the legal procedures and guide you through the next steps.
Workplace retaliation claims can be delicate and stressful. We’re here to help you make things right and pursue the justice you deserve.
Call King & Siegel LLP
If your employer has punished you for opposing their unlawful conduct or engaging in another protected activity, you have a right to pursue justice. Our Los Angeles workplace retaliation lawyers can help you stand up for your rights and pursue compensation for the damages you have incurred.
Our experienced legal team also handles other types of employment law cases, including cases surrounding:
- Discrimination,
- The Equal Pay Act,
- Sexual Harassment,
- Medical & Disability Leave,
- Stock Disputes,
- Wrongful Termination,
- Whistleblowers, and
- Wage & Hour Violations.
If you have been wronged in the workplace, call King & Siegel now for a free 30-minute consultation to discuss your case and options! We work on a contingency basis, which means you don’t pay us unless you win.
FAQS
What Laws Protect Me from Retaliation in the Workplace?
Multiple state and federal laws shield employees from discrimination and unsafe or unfair working conditions. These laws also protect employees from retaliation, and they include the following:
- Title VII of the Federal Civil Rights Act of 1964 (Title VII),
- The California Fair Employment and Housing Act (FEHA),
- The Americans with Disabilities Act,
- The Age Discrimination in Employment Act of 1967,
- The Federal Fair Labor Standards Act,
- The Federal Family and Medical Leave Act,
- The California Labor Code,
- The California Occupational Safety and Health Act of 1973,
- The Federal Occupational Safety and Health Act of 1970,
- State and federal whistleblower laws,
- California’s Equal Pay Act, and
- The California Family Rights Act.
When you talk to us about your experience with a retaliatory employer, our Los Angeles workplace retaliation attorneys can identify the retaliation and the employment law your employer has broken. We can also obtain the compensation you deserve for the violation.
What Kinds of Damages Can I Recover in a Retaliation Lawsuit?
In a retaliation complaint, you can recover financial and injunctive relief from your employer. This relief can include the following:
- Compensation for lost wages,
- Payment for emotional distress,
- Reimbursement for out-of-pocket expenses,
- Job or benefit reinstatement,
- Orders to change policies or behaviors at your workplace,
- Punitive damages, and
- Legal fees.
Receipts, wage records, and employment documents can help you prove your right to damages, but the help of an employer retaliation lawyer is vital to recouping the maximum amount of damages and relief in your case.
How Long Do I Have to File a Retaliation Claim?
Depending on the laws your employer has broken, you could have a few months to multiple years to file a retaliation claim. The following are a handful of deadlines that might apply to your case:
- Non-federal employees who file Title VII claims have 180 days to do so,
- Victims of Equal Pay Act violations have between two and three years to initiate legal action,
- Employees who file FEHA complaints have three years to file, and
- Some whistleblowers have only 90 days to submit a claim.
To make sure you abide by the correct deadline, reach out to a knowledgeable lawyer as soon as you notice retaliation from your employer.
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