Los Angeles Workplace Retaliation Lawyers
Workplace Retaliation is Illegal
If your employer is punishing you for speaking up about illegal conduct, you may have claims for retaliation and need a workplace retaliation attorney. So what is workplace retaliation?
Workplace retaliation takes many forms. To win a legal claim for retaliation, an employee must prove that they engaged in “protected activity.” Then they must show that they suffered an “adverse employment action,” and that the adverse action happened because of the protected activity.
So what does that mean?
Protected Activity is Required for a Retaliation Claim
Under California law, you are protected if you engage in a variety of internal complaints. For example, your employer cannot retaliate if you:
- File a workers’ compensation claim
- Report hazardous safety or health conditions
- Resist sexual harassment
- Report discrimination in the workplace
- Discuss your salary
- Take time off for jury service
- Take a job-protected leave of absence
- Submit a wage claim with the California Labor Commissioner
- Request accommodation for a disability
- Complain about any other illegal conduct at your employer
If you don’t know whether you have engaged in protected activity, you should speak with an experienced workplace retaliation lawyer.
Retaliation Requires an Adverse Employment Action
“Adverse employment action” is a fancy way of saying “concrete consequence.” Thus, adverse employment actions include:
- Being fired
- Wages cut
- Hours cut
- Denial of promotions
- Denial of training
- Losing shifts or work schedule
- Negative performance reviews
- Excessive disciplinary action
Angry employers are very creative in penalizing employees who speak up. As a result, these are just examples.
One “adverse employment action” can be enough to prove a claim of discrimination. Usually, though, our clients experience multiple adverse employment actions as part of their retaliation claims.
Proving Workplace Retaliation
During your free initial case review, our attorneys will evaluate your situation, address your questions and concerns, and identify the key issues and evidence to support your claim. Our workplace retaliation attorneys can guide you throughout the process.
In general, we recommend two ways to protect yourself.
First, keep records of everything related to your case. This includes emails, written documents, texts, performance reviews, internal memos, and other evidence that can be used in your case. If your employer made verbal comments, you should write them down to remind yourself of this evidence.
Second, you should follow internal reporting procedures. Many companies have explicit policies protecting employees from retaliation. Moreover, internal complaints help document your concern and create a paper trail in case things go sideways.
If you are a victim of retaliation in the workplace, take action by contacting our employment lawyers today at (213) 465-4802.