In California, every employee is protected from employer retaliation. Delivered in various forms, retaliation is any adverse employment action unlawfully taken against an employee including, but not limited to: Termination, Demotion, Performance Improvement Plans, Write-Ups, Change in Schedule, Reduction of Hours, Increased Supervision, and Reassignment of Job Duties.
Workplace retaliation occurs when an employee acts against an employee for engaging in a legally protected activity.
Empowering Victims of Unlawful Retaliation
Retaliation in the workplace is a serious offense that can impact an employee’s future career prospects, not to mention their confidence and emotional well-being. Retaliating against an employee is illegal under both federal and state law. However, many employees don’t report retaliation because they fear losing their jobs, being embarrassed by their employer, suffering income loss, or even being arrested. As a result, their lives are made difficult by supervisors who punish them unfairly.
Many victims of illegal retaliation do not realize they have legal recourse for these actions. If you feel you have been retaliated against at work, Hershey Law is here for you. A workplace retaliation attorney from our law firm will work with you to protect your interests, build a strong case, and obtain fair compensation.
Contact us today for more information about the legal process and how we can help!
What Constitutes Workplace Retaliation?
Employee retaliation occurs when an employer takes negative actions against its employees because they speak out against unfair treatment, file charges with the EEOC, participate in union activities, report safety violations, or engage in other protected activities.
Below are a few examples of situations where retaliation may occur:
Reporting Unlawful Activities
Discrimination and Harassment Complaints
Requesting a Reasonable Accommodation
Family and Medical Leave (CFRA Leave or FMLA Leave)
Child Bonding Leave
Filing a Workers’ Compensation Claim
Complaining About Unpaid Wages
Complaints About Unlawful Working Conditions
Collecting Evidence Against Employer Abuses
Discussing Work Conditions
Time Off to Vote
Time Off for Military Leave
Time Off for Jury Duty
Parent- and School-Related Activities
In retaliation, employers may take such actions as reassigning employees to undesirable positions, reducing wages and benefits, terminating employees, demoting employees, denying promotions and opportunities for advancement, or disciplining employees.
The EEO (Equal Employment Opportunity) laws prohibit punishing an individual for complaining about discrimination. An employer cannot retaliate against someone for trying to enforce their civil rights.
Any adverse action an employer takes against an employee because of a discrimination complaint or other protected activity is considered a violation of the state or federal statute. Employers can be fined for retaliatory acts and a lawsuit may also be filed on behalf of the worker.
A retaliation lawyer from Hersey Law can help you when workplace retaliation occurs. Reach out today to schedule a free consultation.
California Laws That Protect Employees From Workplace Retaliation
California law protects individuals who complain about unlawful business conduct. Any employer who violates the law is subject to fines, penalties, and damages.
California Fair Employment and Housing Act (FEHA) protects employees from retaliation for claiming sexual harassment, age discrimination, race discrimination, disability discrimination, and other forms of harassment and discrimination.
California False Claims Act protects whistleblowers from retaliation after disclosing unlawful government contracts. Whistleblowers may sue under this act if they identify false claims or fraudulent reporting practices and are punished.
Labor Code 1102.5 LC states that it is an unlawful employment practice for an employer to discharge, expel, or otherwise discriminate against any person who informs the government or law enforcement agency about state or federal law violations.
If you believe you have suffered from retaliation due to your participation in protected activities, it is important to immediately speak with one of our Los Angeles retaliation attorneys. At Hershey Law, we fight aggressively to protect your right to participate in lawful workplace activities without fear of reprisal. Call us today at 310-929-2190 to file any retaliation claims.
Proving Retaliation in the Workplace
An experienced retaliation lawyer will know how to prove retaliation and win compensation on your behalf. The burden of proof in a retaliation lawsuit is very high; to establish a prima facie retaliation claim, an employee would need to show the following:
The employee was engaging in an activity protected by state or federal law.
The employer took some form of adverse action against them.
A causal connection exists between the employee’s actions and the employer’s adverse actions.
It can be difficult to show a direct connection between the employee’s action and the employer’s action, but you can show an inferred connection. For example, if an employee complains about sexual harassment and the employer fires them without cause shortly after, it can be inferred it was in retaliation.
Navigate Retaliation Claims With the Help of a Skilled Attorney
Retaliation cases are often complicated to navigate. You will need a skilled attorney who knows the ins and outs of federal and California laws and the intricacies of proving retaliation. Hershey Law is here to help you fight for your workplace rights.
Our team will help you through every step of proving retaliation so that you can obtain justice for your situation. We will work closely with you to help you collect all the evidence needed to support your claims and will aggressively pursue your case.
Contact Us Today!
If you suffered retaliation at work, call a Los Angeles retaliation attorney from Hershey Law at 310-929-219.
Wage & Hour Disputes
Does your employer owe you unpaid wages? Are you not being paid for overtime? Perhaps you are fighting for the wages you are entitled to receive? Hershey Law in Los Angeles offers a deep understanding of employment law. Additional to wage and hour laws, lunch break law violations commonly occur in California.
Discrimination happens when an employer or supervisor treats one person differently than another based on protected characteristics such as race, color, sex, sexual orientation, national origin, religious beliefs, gender identity, and age. Gender discrimination can also be in the form of offering less pay to a woman.