Laws exist to protect employees from harassment, discrimination, and retaliation. Employers are not able to punish employees for being involved in workplace investigations or filing discrimination or harassment complaints. Punishment can take on many forms besides firing an employee. It can mean that the employee is denied a transfer, raise, or training opportunities to name a few. Los Angeles workplace retaliation lawyers have the opportunity to help employees during this difficult situation.
What is Retaliation?
Retaliation occurs when an employer punishes an employee for participating in legally protected actions. Examples of retaliation include salary decrease, firing, demotion, job reassignment, discipline, and other more subtle forms of punishment.
When the employer’s conflicting actions deter a person from making a complaint or participating in an investigation it is considered illegal retaliation.
Equal Employment Opportunity Commission
The U.S. Equal Employment Opportunity Commission (EEOC) works to address the issue of retaliation in the workplace, which is the most commonly alleged form of discrimination in the federal sector. The EEOC laws don’t allow the punishment of job applicants or employees when they assert their rights to not experience employment discrimination and harassment.
These are examples of why some employees may experience retaliation:
- Being witness to or filing an EEOC charge, investigation, lawsuit, or complaint.
- Providing information about an employer investigation of alleged harassment.
- Refusing sexual advances, or getting involved to protect someone.
- Refusing to carry out orders that would result in workplace harassment.
- Requesting special accommodations for disabilities or religious practices.
Under all circumstances, employees should be able to participate in the resolution of a complaint without the risk of retaliation.
Is Workplace Retaliation Always Illegal?
No, retaliation is not always illegal. It is only illegal when the employee’s actions that precede the retaliation are protected by law. These laws vary in each state. An employment attorney Los Angeles will be able to explain the California laws that govern this issue.
An employee must have a strong conviction that what they reported was illegal, otherwise, retaliation is permitted. If an employee has been retaliated against by an employer at work in Los Angeles, they can protect themselves by first consulting with an employment retaliation attorney Los Angeles.
What Can an Employee Do When Faced with Retaliation?
Company policy against retaliation is not enough to protect employees. Each situation is unique and must be considered with care. Managers need training in following California labor laws and not using retaliation tactics. Issues should be immediately reported to the Human Resources department.
It’s important that each complaint is treated thoroughly by Los Angeles workplace retaliation lawyers. It is critical that consult legal experts before taking any actions. Retaliation can turn into harassment in some cases.
Find Trusted Legal Help with a Los Angeles Workplace Lawyer
If you suspect that you’ve been retaliated against by an employer at work in Los Angeles, our legal team is ready to help with your case. With a strong track record for fighting for workplace fairness in California, our employment retaliation attorney Los Angeles offers the legal support you’ll need during these work circumstances.