Retain an Employment Lawyer to Find a Legal Resolution for Workplace Retaliation
Retaliation is not just unethical; it is also an illegal action when an employer takes it upon themselves to take revenge against you for filing a complaint. Not all forms of retaliation are as harsh as firing an employee or taking unwarranted disciplinary actions. Sometimes, subtle actions are enough to make your work environment uncomfortable and unbearable. Anything done against you for speaking up is a fireable offense and should be treated as such. When you are experiencing workplace hostility from your boss, you should retain a Los Angeles workplace lawyer. Preferably, one that knows how difficult these issues are and the emotional toll they can take on you.
The EEOC’s Role
Retaliation is one of the most frequent complaints in the workplace pertaining to discrimination and harassment. The laws issued by the U.S. Equal Employment Opportunity Commission (EEOC) are in place to protect employees should they need to report their concerns. Asserting your rights is referred to as “protected activity,” and it looks different for every victim of workplace revenge. Your company has the final say regarding if and when your boss will be let go depending on the severity of a report.
The EEOC makes it illegal for employers to fire, demote, harass, or act against an employee and applicant. They cannot retaliate against a worker for:
- Witnessing an EEOC complaint, investigation, and lawsuit.
- Notifying a supervisor or manager about discrimination and harassment at work.
- Answering direct questions about accusations during an investigation.
- Refusing to follow orders that are seen as discriminatory.
- Pushing back against sexual advances or protecting other employees facing this treatment.
- Requesting an accommodation to practice religion at work, or for disability.
- Asking the boss and other employees about salary, to prove unfair acts (like gender discrimination).
You Are Protected Whether Your Claim is True
Whether the allegations are true, you are safeguarded by federal and state law. Though, with any internal or external claim and lawsuit you must have evidence to support your claim. Retaliation is complex and can be challenging to document. For example, if you report your employer’s inability to accommodate for your disability, he/she may try to intimidate you by getting you to quit. With advice from your workplace retaliation attorney, obtain testimonials from other employees or keep a paper trail regarding the offense.
Brave and honest employees often stand up against their boss to oppose unlawful behavior. While others may be hesitant fearing the repercussions of coming forward. This law acts as an additional protective measure to encourage any person from having to endure such hardships at work. If your employer tried to retaliate against you for reporting wrongdoings, our Los Angeles lawyer for employer retaliation can fight back on your behalf and be someone you can confide in.
How Will the Employer Act?
There is no way to tell how an employer will act once he/she is notified about the complaint or investigation. When you report your boss, you may find that he or she avoids you in an attempt to not retaliate. The issue at hand is a sensitive one, even though it is a frequent occurrence.
Your boss knows that any action they take can be misperceived, including ostracizing you at work by not saying anything at all. For instance, you may not get invited to team meetings, or miss out on training or essential deadlines. Circumstances of avoidance can be used against them as well while HR or the EEOC are investigating your claim.
Exclusion from social interactions is a form of retaliation as well. For instance, if you miss out on a working lunch used to strategize or plan for a project your employer is limiting your opportunity to advance. While it may have been unintentional it can have an adverse impact. An attorney for hostile work environment claims in LA can list the emotional toll in your claim for compensation.
Retaliation Example: A manager who was accused of engaging in retaliation is responsible for scheduling work shifts at a jobsite. Each week, employees are considered for overtime. The complainant, one of two religious members on the team that asked for accommodations, was not considered. When the concern was addressed and investigated by HR, they interviewed the other religious worker who had a similar experience.
It was discovered that the employer favored workers that were not of their specified religions. In response to the complaint, the employer began avoiding both employees, readjusted their work schedules, and did not consider them for prospective overtime. With this continuance of retaliation and discriminatory behavior, another investigation was pursued by HR.
Failing to treat all employees fairly, in addition to retaliation resulted in the manager’s termination.
Getting The Help You Deserve
When your employer retaliates against you, act on it immediately. Retaliation can make your work life miserable. While you may have one foot out the door, we can assure you that hiring an experienced attorney for retaliation disputes in LA will make a significant difference. We will protect you and determine the right resolution before and after filing a charge and lawsuit with the EEOC.
About Mann & Elias
The Law Offices of Mann & Elias is an employment law firm that provides guidance and legal support for individuals facing issues in the workplace. We represent clients at every level of the state and federal court systems in lawsuits regarding discrimination, wrongful termination, unpaid wages, and more. When your case is in our hands, we hope to minimize stress and concerns associated with work.
Workplace disputes and negotiations can be complicated and uncomfortable between an employee and employer. In many cases an employer can retaliate, causing individuals to feel that they are at a great disadvantage in the company. When you retain one of our lawyers, you will be well-protected and advised. While there are thousands of lawyers to choose from, we strongly believe our success is based on:
- 50+ years of trial experience
- Excellent advocacy skills
- Intense preparation and research
- Quality care
Since our partnership began over 20 years ago, we have settled hundreds of claims, completed 100 jury and bench trials, and recovered more than $18 million in settlements. In the end, our goal is to understand what you need and achieve the best outcome for you by focusing on those needs. For dedicated representation with no upfront fees, give us a call at 323-866-9564 or email email@example.com.