Los Angeles Workplace Retaliation Lawyers - How to File a Retaliation Claim

OUR EMPLOYMENT RETALIATION ATTORNEY LOS ANGELES CAN PROVE YOUR CASE

While you may be familiar with local, state, and federal laws regarding workplace discrimination and harassment, did you know they also protect employees from retaliation?

In other words, employees have the legal right to pursue, investigate, and file lawsuits against their employer for negative employment actions while being protected from further discrimination or adverse action.

You are entitled to justice if you are a victim of retaliation in the workplace. At the Law Offices of Mann & Elias, our Los Angeles workplace retaliation lawyers understand the importance of protecting employees under all circumstances. We have successfully represented many victims who have faced workplace retaliation and know what it takes to prove a successful case.

WHAT IS RETALIATION IN THE WORKPLACE?

Legally speaking, workplace retaliation occurs when an employer disciplines, punishes or chastises an employee for engaging in a legally protected activity. That could include any number of negative job actions, including:

  • Firing
  • Demoting
  • Disciplining
  • Reducing salary or payment
  • Transferring or reassigning

CALIFORNIA LABOR CODE SECTION 1102.5

In California, employees are protected by California Labor Code section 1102.5 in subsections (a), (b), (c), and (d). The following are examples of workplace retaliation:

  • After learning about an employee filing a lawsuit for workplace discrimination, an employer asks an employee to take unpaid leave without valid reasoning.
  • An employer chooses to promote a new intern over a qualified employee because he has learned the employee is investigating the possibility of a workplace discrimination lawsuit.
  • An employer says hurtful things to an employee because he has been made aware that an employee has discussed the possibility of filing a lawsuit for discrimination.
  • An employer changes an employee’s job shift because he knows it will negatively affect their ability to show up to work.

HOW DO YOU KNOW IF IT’S RETALIATION?

It can be challenging to determine whether an employer is retaliating against you. As a guideline, only changes that harm your employment status are considered retaliatory. To know whether an act is illegal or warranted, you must show a link between your complaint and the employer’s behavior.

PROVING RETALIATION IN THE WORKPLACE

If you complain about discrimination or harassment at work, you are legally protected from retaliation. If your employer demotes you or terminates your employment after your complaint, then you can file a lawsuit against them.

In the lawsuit, you will need to prove the following:

  • That you engaged in protected activity
  • That your employer acted against you because of it
  • That there is a causal link between your complaint and their action against you

By contacting our team, we will explain what you need to do to successfully prove retaliation in the workplace.

HOW TO DOCUMENT WORKPLACE RETALIATION

Documenting workplace retaliation is essential to proving your case, which is why it’s necessary to do the following:

  • Record how you recorded the incident: Before anything else, you must notify your employer, whether a manager or HR (or anything relative to this).
  • Prove that your boss was aware: Prove that your employer knew that you were a target of workplace retaliation. For example, suppose you reported it to HR. In that case, this is a good way to show that you notified your employer of the unlawful act or participated in a protected activity.
  • Keep a paper trail: Save evidence in a file and keep it somewhere safe. Make sure it is not retained on your work computer or in your workspace. It should be in a safe space.
  • Contact a workplace retaliation lawyer: Our team has successfully represented victims of workplace retaliation. It is in your best interest to seek help as soon as possible to preserve your rights.

YOUR RIGHTS AFTER WORKPLACE RETALIATION

If you are getting retaliated against, a lawyer should evaluate your case before filing a complaint with the Equal Employment Opportunity Commission (EEOC).

The EEOC takes the lead on required investigations to ensure your rights are protected. From there, they will try to resolve your dispute with the employer. If it does not get settled through the EEOC, you will be able to request a letter for right-to-do.

  • Similarly, the Title VII of The Civil Rights Act of 1964 and other equal employment opportunity laws acknowledge the rights of employees to raise complaints to internal work authorities, state or federal authorities.
  • When faced with unfavorable treatment in the workplace, it might hinder your productivity, even in your personal life. It is best to raise a complaint to prompt further action from the relevant authorities.

HIRE THE TRIAL LAWYERS OTHER ATTORNEYS CONSULT

Mistreated employees who speak up about retaliation have a legal right to pursue further legal action. To build a successful case, it will be vital for you and your employment attorney in Los Angeles to show a clear connection between the alleged complaint and your employer’s retaliatory behavior.

Since 1998, The Law Offices of Mann & Elias have helped individuals just like you receive the benefits they deserve. We represent clients at every state and federal court system level in Los Angeles, Riverside, San Bernardino, Orange, San Diego, and Ventura counties.

We know how to handle these cases best and get you the compensation you deserve. Call 323-866-9564 or email info@mannelias.com to schedule your first consultation.

WHY CHOOSE MANN & ELIAS?

Since Scott Mann and Imad Elias have founded the employment law firm, they have successfully recovered hundreds of claims resulting in over $18 million in settlements and verdicts. While there are thousands of lawyers to choose from, our success is rooted in:

  • 50+ years of trial experience
  • Excellent advocacy skills
  • Intense preparation and research
  • Quality care

Contact us today for more information on how we can help you take legal action for workplace retaliation. We charge no fee for the initial consultation, and all cases get handled on a contingency basis.

RELATED ARTICLES ABOUT RETALIATION

You have questions – we’ve got answers! Need more legal help? Check out a few of our legal articles below.

What Constitutes a Toxic Work Environment?
A toxic work environment is one of the leading causes of employees leaving a job. This article provides a detailed list of the most contributing factors to unfavorable company culture, several preventative measures to combat it, and tips to navigate a chaotic workplace.

Signs of Retaliation at Work 
Documenting the sudden changes in your title or responsibilities will ensure that you can lay the foundation for a strong case against your employer. Signs of retaliation at work vary, but three of the most common changes are new tasks, demotions, and receiving demands regarding a specific project or work situation.

Is Constructive Discharge a Prohibited Act of Retaliation Under SOX
The Sarbanes-Oxley Act (SOX) is a federal law that establishes a standard for companies, management, and public accounting firms. It states that public companies must adhere to an ethics code that allows employees to report fraud and ethical violations.

SOX rules that it is illegal for an employer to fire the employee – and create grim or hostile working conditions that lead to resignation. That classifies as constructive discharge.

Preventing Retaliation Claims by Employees
As an employer, manager, or boss, you may depend on your employees to inform you of wrongdoings that happen in the workplace. Upper management must handle any misconduct professionally.

If not, your actions can be perceived as a form of retaliation. It is illegal for you to punish an employee for telling the truth about what they witnessed or experienced. What matters most is how you approach the situation to prevent retaliation claims.

FAQs ABOUT RETALIATION

What does retaliation mean?
Legally speaking, workplace retaliation occurs when an employer disciplines, punishes or chastises an employee for engaging in a legally protected activity.

Protected activities – what are they?
As an employee, you have a legal right to do the following at work:

  • File a complaint to address concerns about discrimination or harassment.
  • Exercise your rights to take medical leave or file for workers’ compensation leave.
  • Raise concerns about wage and hour violations.
  • Report dangerous work environments and safety violations.
  • Take part in internal or government-based investigations that improve the well-being of all employees.

How often do retaliations happen?
In 2020, the Equal Employment Opportunity Commission (EEOC) reported 37,632 charges of retaliation. In past years, more allegations of retaliation were reported than any form of discrimination or harassment claims, which is a cause for concern.

What can an employer do to retaliate that may lead to filing a claim?
Concerns of retaliation do not always result in wrongful termination. The Supreme Court declares any adverse action to discourage an employee from making a complaint is unlawful, such as:

  • Refusal to employ, refusal to promote, or demoting.
  • Cutting pay or hours without reason
  • Job transfers (like a demotion); unfavorable work assignments.
  • Giving an employer a bad reference of you after the complaint
  • Unjustified negative performance reviews.

Are there solutions for retaliation?
Yes, there are solutions and remedies for retaliation. If you sue your employer, with the help of a trusted attorney, you may receive maximum compensation for damages caused when your case is won. A few financial retributions and benefits you can expect to see are:

  • Reinstatement for your position if you were fired.
  • Back pay: wages and benefits you lost because of retaliation.
  • Front pay: wages and benefits you may lose in the future.
  • Compensatory damages for pain and suffering
  • Punitive damages, to punish your employer.
  • Attorney fees.

 

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