Your Rights After Workplace Retaliation | Mann & Elias
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Your Rights After Workplace Retaliation


Employees are among the most significant assets of a business and subsequently, 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 which employers are required to adhere to.

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 behaviour, 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 in nature, 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. For example, firing is apparent and might not need lots of investigation to establish; however, in cases of job reassignment, various considerations have to be taken into account. In the event you intend to institute a claim stemming from any negative actions of an employer, it is crucial to engage the services of trusted lawyers throughout the process for proper guidance on how to build up a competent claim. Where a job reassignment has caused lots of abrupt life changes in your personal life, 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 instead take a pay cut than being 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. During such times, the best step is to raise a complaint to prompt further action from the relevant authorities.

Additionally, where you are required to take part 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. In the event the employer retaliates, our retaliation attorney in Los Angeles can help in guidance on the best legal action. Another action that is protected is where an employee you choose to become a “whistleblower” for negative actions orchestrated by the employer at the workplace. 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 keen attention to establish retaliation. Additionally, the employer’s acts should have some form of impact on you. For example, you might raise a complaint against a manager for showing favouritism towards other employees while the rest are left out. The actions that precede the complaint will determine whether the employer is retaliating or not. If you have been retaliated against by an employer at work, 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 levelled against them, you can also get the help you deserve.

Determination of acts of retaliation might be challenging, however sometimes if an employer demotes you or gives you a pay cut right after raising a complaint. Then you can tell that you are a victim of employer retaliation. Acts of retaliation are several; therefore if a complaint you raised has led to subsequent negative actions from your employer, it is crucial that you consider hiring legal representation to protect your rights.

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 if you asked for an explanation from the internal authorities like the human resource body to establish their reasons for undertaking negative acts. An employer might change your job schedule because you had earlier sought for 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. The state’s fair employment agency or the Equal Employment Opportunity Commission can help address your claim.

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.

Suppose you have a reason to believe that you are being retaliated against by an employer 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.


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