Workplace Retaliation Lawyer in Los Angeles
Doing the right thing at work can sometimes result in another wrong thing. That’s the case with retaliation at the workplace. Suppose you report sexual harassment or discrimination in your workplace, and in return, you suffer brutal employment consequences.
In that case, you can sue your employer. However, retaliation can be hard to prove. But with a reliable law firm, like the Law Offices of Todd M. Friedman, P.C, you learn everything you need to fight for your rights conveniently.
Read on to know what counts as workplace retaliation in California. You’ll also learn about a solid defense strategy against retaliation in the workplace.
What Constitutes Workplace Retaliation in Los Angeles, California?
The most common form of retaliation is illegally getting fired. In such a scenario, you can file a lawsuit for wrongful termination.
If you stand for your workplace rights, your employer can also make your working conditions intolerable such that you willingly resign. In such a case, too, you can build a case for wrongful termination.
However, losing your job for defending your rights at the workplace isn’t the only form of employer retaliation. Other forms of retaliation may be difficult to spot, but here are some signs the employer is unlawfully retaliating against you:
- The employer gives you false negative performance reviews.
- The employer assigns you a less desirable position like unfavorable shifts or increases your workload.
- The employer reduces your salary without any basis.
- Your employer demotes you without justifiable reasons.
- The employer excludes you from crucial meetings, making it difficult to handle your projects.
- The employer or a senior denies you a promotion that you genuinely deserve.
- The employer unnecessarily subjects you to disciplinary action.
- The employer denies you access to training resources that can improve your work quality.
Above are just a few examples of unlawful retaliation at the workplace. If you believe your situation is a form of workplace retaliation, contact an experienced lawyer who will stand up for your rights.
What Doesn’t Count As Workplace Retaliation?
As an employee, the law protects you against all forms of retaliation, provided you acted on a reasonable belief that the employer’s actions are discriminatory or violate the law. On the other hand, your employer can rightfully discipline or fire you if non-retaliatory and non-discriminatory grounds were the reasons behind your actions at the workplace.
But all in all, the law forbids employers from taking negative actions on employees involved in a legally-justified activity. Your employer shouldn’t, by any means, discourage you from resisting future discrimination.
What Causes Workplace Retaliation?
Workplace retaliation is a form of revenge where the employer uses unlawful actions to restore equilibrium after an employee takes action against the employer. Your employer can unlawfully retaliate against you if you were engaged in the following legally-protected activities:
- You answered questions in an investigation of workplace harassment.
- You filed a complaint against workplace discrimination or mistreatment.
- You were a witness in a workplace-related lawsuit, complaint, or investigation.
- You declined the employer’s orders that would cause discrimination at the workplace.
- You disclose your salary to other workers.
- You resisted sexual advances at the workplace or intervened to protect other employees.
- You asked the management or co-workers about wage information to reveal potentially unfair salaries.
Note: The above are a few examples of legally-protected activities that make it unlawful for your employer to fire or retaliate against you. A lawyer will help you identify if your employer is illegally imposing negative actions on you.
What Are Your Options When Addressing Workplace Retaliation?
It can be difficult to know what steps to take when fighting against retaliation. The following are some of the things you can do.
Use Your Company’s Internal Procedures
Many companies have policies that protect employees from workplace harassment, discrimination, and retaliation. Check the company’s policies via the employee handbook or the human resource department. Then, file an internal complaint to see if the relevant department resolves your problem.
If this option doesn’t work, the following alternatives ensure you effectively fight for your rights and get justice at the workplace.
Contact the Relevant Authorities
When addressing workplace retaliation, you can file a complaint with the California Labor Commissioner representative near you. Alternatively, you can download the retaliation form from the Department of Industrial Relations (DIR) website and submit it via mail.
A lawyer can help you navigate all the legal complexities when filing a complaint. For example, an attorney ensures you report your complaint on time and follow all the necessary legal procedures. That way, you quickly get the justice you’re looking for at the workplace.
File a Private Lawsuit
Instead of filing a complaint with the Labor Commissioner, you can use a private lawsuit to address workplace retaliation in California. However, you’ll need a powerful defense strategy that exposes retaliation. For this reason, you must only work with a reliable workplace retaliation lawyer in Los Angeles.
The Defense Strategy: How Do You Prove Workplace Retaliation?
If you fight against harassment or any form of workplace discrimination, California’s laws protect you against retaliation. However, most retaliation forms like sexual harassment and whistleblower cases demand strong evidence to prove.
If you file a retaliation lawsuit against your employer, you must prove the following three elements:
1. You Were Strictly Engaged in a Legally-Protected Activity
A legally-protected activity is an action you took to respond to unethical or unlawful workplace conditions. The California DIR website has all the laws defining legally-protected activity and prohibiting workplace retaliation.
2. Your Employer Initiated Negative Actions Towards You
Any type of adverse action your employer takes against you for standing up for your workplace rights constitutes retaliation under California laws. Examples of such actions may include demotion, negative job evaluation, job termination, transfer to unfavorable work conditions, and salary cuts.
3. The Retaliation Resulted from Your Engagement in Legally-Protected Activity
You must show evidence that your employer’s adverse actions are directly connected to your engagement in a legally-protected activity. In other words, you need to prove the causation of your employer’s negative actions towards you.
Proving the above yourself can be difficult, but not if you contact us today and let us evaluate your case. Our firm, the Law Offices of Todd M. Friedman, P.C, is ready to fight for your legal rights as an employee.
Frequently Asked Question
Why do I need a retaliation lawyer?
To win a retaliation case in court, you’ll need deep legal details that prove retaliation at the workplace. A workplace retaliation attorney has a strong grasp of the related laws to help you win the case.
How does California define workplace retaliation?
California laws identify workplace retaliation as an employer taking adverse actions against an employee for engaging in a legally-protected activity.
Does it count as a workplace retaliation if my employer denies me a sick leave?
The law permits you to use sick leave if your reasons are specified in section 246.5(a) of California laws.
Clear The Smokescreen: Call Us Today
Employment retaliation situations can seem murky and confusing. But they don’t have to stay that way. Wherever you are in California, get the advice of an experienced nationwide retaliation lawyer by calling the Law Offices of Todd M. Friedman or using our email form.