DID YOU EXPERIENCE RETALIATION IN THE WORKPLACE? CALL US TODAY!
Employees are among the most significant assets of a business and, subsequently, the growth of the economy. However, in some instances, the fear of losing a job might have an employee condoning degrading treatment to stay employed. For this reason, both Federal and state laws have had to come into place to help dignify employment through the provision of various employment laws employers are required to follow.
As much as employees are aware of the existing employment laws, most do not know the extent of the protection they accord. Consulting with an employment attorney in Los Angeles can help you get an interpretation of the relevant laws that can protect you. Suppose you have had concerns on whether you can be punished if you undertake organizational retaliatory behavior, our lawyer explains as follows.
Protection from retaliation happens to be one of the most significant employee rights that most employees are unaware of. An employee might decide to demote you as retaliation for raising a complaint. Other forms of retaliation that can ensue include denial of a pay rise, job promotion, etc.
What Does Workplace Retaliation Mean?
Employment laws have stipulated some activities from which a punishment can’t arise against an employee. Such activities are called legally protected activities. Retaliation is punitive, and some punitive measures can be as adverse as firing, pay cut, or mild like job reshuffling.
Some negative employer acts are easy to determine but hard to prove. In the event you intend to file a claim against your employer, it is crucial to retain the services of trusted lawyers throughout the process for proper guidance. Job reassignments are especially known for abrupt life changes. We can guide you through the process.
Retaliation is often used as an in-house cover-up by most employers to protect themselves against lawsuits. Out of desperation for keeping a job, an employee would take a pay cut over getting fired. Therefore such acts of using in-house measures to deter complaints from employees constitute retaliation that qualifies as illegal.
Prohibition of Retaliation
Title VII of The Civil Rights Act of 1964 and other equal employment opportunity laws acknowledge the rights of employees to raise complaints whether to internal work authorities, state or federal authorities. As an employee, there are times whereby actions like discrimination at the workplace might hinder your productivity both at work, even in your personal life. The best step is to raise a complaint to prompt further action from the relevant authorities during such times.
Additionally, where you are required to participate in investigations by a body like the Equal Employment Opportunity or become their witness, such actions are protected. Therefore an employer should not retaliate against you. If the employer retaliates, our retaliation attorney in Los Angeles can help in guidance on the best legal action. Another protected action is when an employee chooses to become a “whistleblower” for negative actions orchestrated by the employer. States have barred various retaliation acts against employees. In all cases, it is unlawful and illegal to retaliate.
Detecting Acts of Retaliation
Employer retaliation acts at times might not appear as retaliation. It takes a keen eye to know the difference. Additionally, the employer’s acts should have some form of impact on you.
For instance, you might raise a complaint against a manager for showing favoritism towards one employee demographic. The actions that precede the complaint will determine whether the employer is retaliating or not. There are several ways an employer might retaliate; therefore, if a complaint you raised has led to subsequent negative actions you should consider hiring legal representation to protect your rights.
At Mann & Elias our legal team has vast experience working closely with clients in a similar situation. With the experience gathered from helping employees establish when acts of retaliation are being leveled against them, you can also get the help you deserve.
What Can I Do If I Suspect Retaliation?
Addressing employer retaliation acts using internal channels is always the first best step towards finding a solution. It would be best to ask for an explanation from the internal authorities like the human resource body to establish their reasons for negative acts. An employer might change your job schedule because you had earlier sought a reschedule in the past.
Where your employer undertakes to change or admits to having undertaken retaliation acts unknowingly, such employers often change for the better. Only escalate a matter when your employer is unwilling to amend their wrongs. Before filing a lawsuit a report must get sent to the Equal Employment Opportunity Commission.
How Can I Build My Retaliation Case?
It takes concrete evidence to build up a retaliation case. Always ensure that you document your complaints. For example, instead of raising a complaint orally, do it via email. Subsequently, ensure that you keep the records of any responses that you get. The intent of keeping such records is to ensure that you can create a link between your complaint and the alleged retaliation acts stemming from your complaint.
If you believe that an employer is retaliating against you at work in Los Angeles, contact our employment attorney for guidance on the strength of your case and the damages you are likely to recover.