IF YOU WERE RETALIATED AGAINST BY AN EMPLOYER AT WORK IN LOS ANGELES, CONTACT US FOR LEGAL HELP
Everyone deserves to be treated with dignity and respect in the workplace. Most employers understand this basic principle and work to enforce it. Unfortunately, there are also too many companies that do not. They allow their people to serve under abusive managers and have few safeguards in place to respect the rights and preserve the well-being of their people.
The Perils of Discrimination and Harassment
You were hired for your skills, expertise, and experience. When you come to work, you just want to do your job. It is not your desire to file complaints or throw the office into chaos and drama. But if you are racially discriminated against or sexually harassed, you must do something about it. Working under such conditions is not only unfair, but it is also nearly impossible. You cannot do your job if your contributions are marginalized constantly because of your race, ethnicity, or national origin. Nor can you be productive if a serial harasser is stalking you.
Your company should have published guidelines on your actions if you are discriminated against or harassed. You should follow those guidelines in responding to the perpetrator. In many instances, the rules call for submitting a formal complaint against the person who has engaged in the wrongdoing. This will then prompt your human resources department to investigate. The person will get interviewed, and their actions toward you and other employees will get scrutinized. If you have offered direct evidence of their behavior, and someone has corroborated it, it could lead to a range of punishments for those who have committed these acts.
Although you may ultimately be vindicated, you may face peril during the investigation and afterward. The person being investigated will probably know that you turned them in, and they may launch acts of reprisal and retaliation against you. You can also be retaliated against by others who are senior to you and friendly with the accused. If your case involves extreme and systematic acts of discrimination and harassment, the company may decide that the best way to distance itself from the ordeal is to fire you and the person who committed the misdeeds. That also constitutes an act of retaliation against you.
You Are Protected
If you complain about discrimination or harassment, 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.
Plaintiffs will need to prove three things:
- 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
There are two types of protected activity for those who have been discriminated against or harassed:
- Opposition
It is your right to oppose any act of harassment or discrimination. You are entitled to raise an objection directly to the person who has committed the act or file a complaint through official channels. You deserve to oppose the abuse without fear of retaliation. Any time you communicate to your employer that you or a colleague has been subjected to harassment or discrimination, you are protected from this misconduct. - Participation
Participation in a company or independent agency investigation into discrimination or harassment is also a protected activity.
How to Prove Retaliation
Any moves on the part of your employer that are materially adverse to you can be considered proof of retaliation. Adverse actions can include:
- Demotion
- Termination
- Salary reduction
- Negative evaluations
- Forced transfer
- Change in duties
- Change in shift
- Change in employment conditions
You must prove that the actions taken against you came as a result of your complaint against the company. That can be difficult to do. Employers can couch their retaliation against you in a seemingly benign business decision. The best way to link the negative actions taken against you to the complaint you filed is to engage the services of a workplace lawyer.
Your Lawyer Will Help You Make the Connection
Lawyers well-versed in retaliation cases are experts in taking legal action against employers. The Los Angeles workplace lawyer you hire will sit down with you and review the details of your case. They will look at the evidence and will also launch their investigation into the company. Lawyers have the investigative resources to determine the people behind your firing, demotion, or other retaliatory action.
The unjust retaliation attorney in Los Angeles you hire will build your case based on the following factors:
- Timing: an adverse action that comes right after your employee complaint makes retaliation the more likely explanation
- Knowledge: your lawyer will prove that person who initiated the adverse action knew about the complaint
- Lack of other explanation: your attorney will show that there is no other basis for the adverse action or that the stated reason for it does not make sense
Proving a case of retaliation is difficult but not impossible. However, you should not attempt to do it on your own. In most instances, the people who organized the retaliation against you left some loose ends that the attorney you hired will find and use against them.
If an employer has illegally retaliated against you at work, it can make your life miserable. You should now allow yourself to be insulted, degraded, and toyed with. Hiring an experienced attorney is the best response to this sort of outrage.
If it has happened to you, a lawyer can help protect your legal rights, and they will help you negotiate a resolution with your employer. Hiring a lawyer is the best move to make if you find yourself in such a situation.