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 there are also laws that 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 negative action.

Unfortunately, workplace retaliation does exist; however, it is important to know that 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 a great number of 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. This could include any number of negative job actions including firing, demoting, disciplining, reducing salary or payment, transferring or reassigning, or any number of other subtle actions. 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 the 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 difficult to determine whether an employer is retaliating against you. As a guideline, only changes that have an adverse effect on your employment status are considered retaliatory. In order to know whether an action is retaliatory, 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 that has occurred 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 be able to explain to you what you need to do to successfully prove retaliation in the workplace. Get help today.

How to Document Workplace Retaliation

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

  • Record how you recorded the incident: Before anything else, you must notify your employer, whether it is 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, if you reported it to HR, then 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 kept on your work computer or in your workspace. This needs to be kept in a safe place.
  • 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. 

For more in-depth information, visit How to Document Workplace Retaliation.

Legal Action for Retaliation

If you believe you are being mistreated as the result of your response to discriminatory workplace practices, you have a legal right to pursue further legal action. In order to build a successful case, it will be important for you and your lawyer to show a clear connection between the alleged complaint and your employer’s retaliatory behavior. You can do so by documenting your encounters with workplace retaliation.

Mann & Elias

Since 1998, Mann & Elias has served the people of Los Angeles, Riverside, Ventura, San Diego, San Bernardino, and Orange counties. We have completed nearly 100 jury and bench trials, recovered over $18 million for our clients, and successfully settled hundreds of cases. For more information on how we can help you take legal action for workplace retaliation, contact us today. We would be happy to provide you with a free initial consultation and case review.

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