What is retaliation?
In legal terms, retaliation occurs when an employer punishes a worker for raising a complaint against violations of the safety code, discrimination, harassment, embezzlement, fraud, or other unlawful actions in the work environment. Our Los Angeles retaliation lawyer protects employees from unjust retaliation in the workplace. There are many kinds of retaliation, and it may involve an employer demoting or firing an employee, or otherwise making the work environment too toxic to exist in. If you have experienced retaliation in the workplace, you should not hesitate to contact a Los Angeles employment lawyer to represent your interests and defend your rights.
Let’s review the a few examples of retaliation in the workplace:
- After using FMLA leave: The Family and Medical Leave Act, or FMLA, is a federal law that permits eligible workers to take unpaid leave every year. This leave may last up to three months, and it may be approved for certain medical or family conditions.
- After reporting fraud: An employee may face retaliation after reporting their employer’s unlawful actions. The employer may retaliate by demoting or firing the employee.
- After reporting discrimination or harassment: After a worker complains about harassment, they may face retaliation. This could include relocation, demotion, shift reduction, or firing.
- After using medical leave: Employees have the right to medical leave, though they may face unlawful retaliation from their company.
Please contact our Los Angeles retaliation lawyer for a free consultation to see if you have a retaliation claim.
A clearcut example of retaliation is when an employer fires an employee for illegitimate reasons. In California, employment is “at-will,” which means that employers are legally allowed to fire their employees at any time and without reason. That said, employers are not allowed to terminate an employee based on retaliation or discrimination. It could be that an employee reports safety breaches to OSHA or instances of discrimination to the EEOC. If this employee is fired for taking these actions, this would qualify as unlawful retaliatory job termination.
Essentially, if a company terminates an individual to punish them, this is unacceptable retaliation. There are employment lawyers who specialize in wrongful termination cases, and if you have been fired for one of the above unlawful reasons, you should not wait to get their help. Our employer retaliation lawyer in Los Angeles offers free legal consultation for workers who face retaliation in the workplace. Wrongful firing may hurt your chances of finding a job and can even negatively impact your career. This makes it difficult for you to provide for yourself and your family. Thankfully, wrongfully terminated employees enjoy rights as victims of workplace retaliation. You can file a claim against your company and get justice for the wrongs you have endured. If an employer makes it so intolerable to be at work that you have no choice but to quit, this also counts as wrongful termination.
Is Docking Pay Retaliation?
Docking pay as a form of punishment counts as retaliation. This would include demoting a worker, reducing their wages, or scheduling them for fewer hours. If you complained about your boss and had your wages reduced, this qualifies as unlawful retaliation. Similarly, if you acted as a whistleblower, reporting on your employer’s illegal behavior, and had your pay docked, this is also unlawful retaliation. Even if your complaint did not have merit, your boss still does not have the right to reduce your pay as punishment. Our employer retaliation lawyer in Los Angeles helps workers understand their rights after retaliation by the employer.
Is limiting job opportunities retaliation?
Our employer retaliation lawyer protects employees who experienced retaliation from their employer, such as demotions or termination. Retaliation does not always involve reducing pay or termination. It can sometimes be more subtle. That said, even small changes in a job can have a serious impact on a worker. Perhaps you are excluded from company meetings for are denied opportunities for promotion or growth. Closing doors like this is its own form of retaliation. If you have noticed that you have fewer opportunities at work after filing a complaint, you may be suffering from retaliation.
How can a lawyer help with retaliation claims?
Our Los Angeles retaliation lawyer will analyze your facts to determine if you have a case against your employer. The laws surrounding retaliation in the workplace are complicated, and the fines for violations can be serious. If you have suffered retaliation in the workplace, you may deserve compensation for emotional distress, lost wages, and additional damages. A retaliation attorney in Los Angeles can help you know your rights and what legal options you have going forward. A lawyer can begin the legal process in an effort to win your deserved compensation.
Our employer retaliation attorney works to hold employers accountable for retaliatory conduct against your right to speak up. A retaliation lawyer can offer the following services to their clients:
- An initial consultation: It is important to have a preliminary consultation to assess whether your claim is viable. This step gives you all the facts you need to make a decision regarding whether to proceed. It is important not to act on impulse.
- Investigation into allegation: A retaliation attorney will look into the circumstances and facts of the case to see whether there is sufficient evidence of retaliation or discrimination. This information is beneficial when it comes to taking the case to trial or negotiating a settlement.Our employer retaliation attorney will collect evidence, such as documents, and speak with witnesses to help with your retaliation case against your employer.
- An assessment of the damages suffered: To receive damages, you need to be able to show that you have endured some kind of harm because of the retaliation, like harassment. A retaliation attorney in Los Angeles can help you assess the extent of the damages endured, both non-economic and economic in nature.
- A settlement negotiation: If, based on the available evidence, you have a solid workplace retaliation claim, your attorney can help you reach a settlement with your company. This option keeps you out of court, saving both time and money. Our employer retaliation attorney in Los Angeles will negotiate settlements or bring your retaliation case to court.
- Filing a lawsuit: If it is not possible to reach a settlement, a retaliation attorney in Los Angeles can file a lawsuit for you. This is the start of taking the case to trial.
- Representation in court: If the case proceeds to trial, your attorney will represent your interests throughout the legal process, making sure your rights are defended. They will fight for the maximum compensation available.
Regardless of where you are in the above process, a retaliation lawyer in Los Angeles can help guide you through the complicated legal process and achieve your deserved compensation. If you suspect you have suffered workplace retaliation, do not hesitate to seek the help of a lawyer. Please get in touch with our Los Angeles retaliation lawyer, who will stand up for you against unlawful workplace retaliation.
What kind of evidence proves workplace retaliation?
In Los Angeles, evidence is required to show that you have suffered from workplace retaliation. This proof must establish a link between the retaliatory behavior and the protected activity. Our Los Angeles retaliation lawyer will protect you from retaliation after you speak up about employment law violations.
The following are some of the most common kinds of evidence that can prove retaliation:
- Performance reviews: Performance reviews can act as evidence of retaliation in the workplace. For instance, if you are suddenly getting negative comments after participating in a protected activity, such as taking medical leave, this can be used as proof of retaliation.
- Communications: Communications between coworkers and between you and your employer can be used as proof of retaliation. For instance, if an employer tells you not to participate in a protected activity or threatens you with demotion after doing so, this can be used as evidence.
- Witness testimony: Witnesses can offer string evidence of retaliation in the workplace. If coworkers observed the retaliatory behavior, or if family or friends witnessed differences in your work life after engaging in a protected activity, their observations can be used as evidence to back up your claim.
- Documentation: A letter of termination, or any documentary evidence of retaliation, is invaluable for your case. These are usually the strongest kinds of evidence because they can establish a clear connection between the negative action and the protected activity.
Of course, the above is not a complete list of the kinds of evidence that can prove retaliation in the workplace, but they should give you a place to start. If you suspect you have suffered from workplace retaliation in Los Angeles, you should not hesitate to speak with an experienced employment lawyer who can examine your case and guide you on how to go forward. Our Los Angeles retaliation lawyer will provide free legal consultation concerning your rights as a worker in California.
What makes a retaliation case strong?
The stringer evidence you have to support your claim, the greater your chance of winning the case. If you have direct evidence, like an email or letter from your boss ordering you not to participate in a protected activity, you have a very strong case. However, even if you have no direct evidence, witness testimony, performance reviews, and other indirect evidence can also prove workplace retaliation.
What are examples of retaliation in the workplace?
Common forms of retaliation in the workplace include demotion, termination, negative performance reviews, and a shift reduction. That said, any negative action that a company takes against you after engaging in a protected activity may qualify as retaliation.
What are the three main components of a retaliation claim?
The three primary components of a retaliation claim include the following:
- You participated in a protected activity.
- Your boss punished you in some way.
- There is a cause-and-effect relationship between the above.
To prove retaliation, you will need to prove that the protected activity motivated the negative action. Usually, it is best to show that the negative action happened soon after the protected activity, or that a pattern of retaliation exists.
How to identify a good Los Angeles retaliation lawyer
Our employer retaliation attorney in Los Angeles will hold your employer accountable for unlawful retaliation against you. A quality retaliation attorney will know a lot about the law and will have experience managing retaliation cases. He or she should be effective communicators, clearly explaining the legal process to you. He or she should also be committed to defending your rights and getting you the maximum compensation. Your lawyer should have your best interests in mind and be working toward the best outcome possible.
