Are You Suffering From Workplace Retaliation? Discuss Your Situation With Us Today
Our Los Angeles workplace retaliation lawyers have extensive experience representing victims of workplace retaliation. If you are suffering from workplace retaliation, we may be able to help you. We encourage you to discuss your situation with our Los Angeles workplace retaliation attorneys. During a free evaluation, we can discuss your unique situation and help you understand your potential legal options.
What Is Workplace Retaliation in California?
Workplace retaliation occurs when an employer penalizes an employee for engaging in a legally protected activity. To be considered retaliation, the employer must have done something detrimental to the employee to deter or punish that employee for participating in a legally protected activity.
What Are Examples of Workplace Retaliation in California?
Workplace retaliation may occur in many ways. Examples of workplace retaliation include, but are not limited to:
- Salary reduction
- Job reassignment
- Loss of hours
- Loss of benefits
- Refusing promotion or raise
- Poor performance review
- Creating a hostile work environment for the employee
The difficult part about workplace retaliation cases is proving the link between your complaint and the adverse action taken by your employer. We recommend that you consult with an experienced Los Angeles retaliation lawyer from our firm to discuss the validity of your claim.
HOW TO PROVE YOUR EMPLOYER RETALIATED AGAINST YOU
While the law is clear on what constitutes an act of workplace retaliation, proving that you have been the victim of retaliatory behavior can be challenging, as many cases are veiled in subtlety.
To establish a claim for workplace retaliation, you will need to show that:
- You participated in a protected activity;
- Your employer took adverse action against you;
- Your participation in the protected activity was a motivating reason for your employer to take adverse action against you;
- You suffered harm because of the adverse employment action; and
- The action taken by your employer was a substantial factor in causing you harm.
A workplace retaliation claim can arise anytime a worker is retaliated against for participating in a harassment or discrimination complaint or any other activity protected by harassment or discrimination laws. Some common examples of legally protected activity include:
- Filing a harassment or discrimination complaint
- Participating in an investigation of harassment or discrimination
- Being a witness in a harassment complaint or lawsuit
- Refusing to follow orders from a superior that would result in discrimination
- Rejecting sexual advances or reporting the sexual harassment of a co-worker
- Requesting accommodations for a disability under the Americans with Disabilities Act
- Requesting religious accommodations
- Investigating salary information to determine if wage discrimination has occurred
- Disclosing/reporting illegal activity, fraud, waste, or abuse
- Participating in discrimination or whistleblower proceedings; and
- All other activities conducted under the belief that a right enforced by the Equal Employment Opportunity Commission (EEOC) has been violated
Employees who have participated in a protected activity are not protected against all adverse employment actions. Employers still have the right to discipline employees for reasons unrelated to retaliation.
Furthermore, not all acts of workplace retaliation are considered illegal. For an act to be considered illegal, it must be so severe that it would deter a reasonable person from asserting their right to engage in legally protected activity. Adverse employment actions that are trivial, like minor slights and annoyances, do not constitute a valid workplace retaliation claim.
Compensation For Workplace Retaliation
Workers can suffer a loss of income, damage to their reputation, alienation and isolation from their co-workers, emotional distress, and potential blacklisting. Because of this, state and federal laws provide various remedies to make workers who have suffered retaliation for engaging in legally protected activity.
These remedies include:
- Back pay and lost wages and benefits
- Compensatory damages for emotional distress and loss of future earnings; and
- Attorney fees and litigation costs
In addition, some retaliation laws authorize an award of punitive damages to deter employers from retaliating against qualifying employees. Some, such as the Dodd-Frank Act and False Claims Act that protect whistleblowers, award-successful claimants with double their back pay.
Workplace retaliation is just as illegal as harassment or discrimination, and if you are a victim of retaliation, you deserve to be compensated for your losses.
How Yadegar, Minoofar & Soleymani Can Help
Workers who suffer workplace retaliation for engaging in protected activity deserve to be represented by an effective and experienced advocate. The right lawyer will aggressively prosecute the victim’s claim to obtain the most compensation possible.
At Yadegar, Minoofar & Soleymani, we have assembled a team of leading retaliation lawyers that are committed to zealously representing workers in California and obtaining the maximum damages.
We have substantial experience securing relief for our clients in discrimination and retaliation cases, inside and outside the courtroom. We pride ourselves on working closely with our clients through every step of the process to identify their unique objectives, explain their options, and develop an effective strategy to obtain the best results possible.
Contact Our Los Angeles Workplace Retaliation Lawyers Today
Consider speaking to a Los Angeles workplace retaliation attorney from our firm about your unique situation. We have tried cases in both state and federal court, securing a record of success for our clients. Call us at (310) 499-0140 or contact us online to schedule a free evaluation.