Protecting your rights in the workplace.

Frequently Asked Questions About Workplace Retaliation

A Los Angeles Retaliation Attorney Is Here to Answer Your Questions

Our Los Angeles employment lawyers at YMS are committed to helping California workers whose employers have retaliated against them. We know that education is key to holding discriminatory employers accountable for their actions. By providing you with information on retaliation laws in California, we hope to arm you with the knowledge you need to protect yourself against retaliation in the workplace. Contact a Los Angeles retaliation attorney if you have further questions about your particular case.

California Retaliation Frequently Asked Questions

What Is Retaliation?

Retaliation occurs when an employer penalizes or fires an employee for engaging in legally protected activities. This can occur in a number of ways, including, but not limited to:

  • Demotion
  • Firing
  • Salary reduction
  • Job reassignment
  • Loss of hours
  • Loss of benefits
  • Refusing promotion or raise
  • Transferring employee
  • Harsh performance review
  • Creating an uncomfortable work environment for the employee

In the event your employer has reacted in any of these ways, contact our workplace retaliation lawyers in Los Angeles to fight for your right to work.

In order for the action to be considered retaliation, the employer must have done something detrimental to the employee with the sole purpose of deterring or punishing that employee from participating in a legally protected activity.

How Can I Prove That Retaliation Took Place?

Proving retaliation is difficult but not impossible. In order to prove retaliation, you must show a link between your complaint and your employer’s retaliatory behavior. This means collecting evidence of retaliation, including emails, eyewitness accounts and performance reviews. A Los Angeles retaliation lawyer can help you recover evidence and determine if your case meets the legal standard for retaliation.

Can You Describe Some Examples of Protected Activity Under State and Federal Law?

California and Federal law protect workers from retaliation when they complain about workplace discrimination or harassment. Even if the claim is unfounded or not established, as long as the complaint was made in good faith, employers cannot retaliate against that employee.

The law also protects employees who cooperate in DFEH or EEOC investigations or who are witnesses to illegal activity or are whistleblowers. It also protects employees who take legally-protected FMLA leave. Our Los Angeles retaliation law firm can help you determine if your conduct qualifies as a protected activity under both state and federal law.

Can My Employer Retaliate Against Me If I Refuse to Do Something That I Believe Is Discriminatory?

By law, your employer is not allowed to retaliate against you if you refuse to do something that you believe is discriminatory. This allows employees to stand up to unfair and discriminatory practices in the workplace; therefore, holding employers accountable for their actions. Workers who refuse to engage in discriminatory actions, who complain about discrimination, who report discrimination and who help others report discrimination are protected by law.

How Do I Report Retaliation in the Workplace?

If your supervisor is directly or indirectly engaging in retaliatory behavior, then it is best to take your retaliation complaint straight to Human Resources (HR) or pursuant to steps outlined in your employer’s employee handbook.

However, some company HR teams place the company’s best interests above the rights of the wronged employees. If you believe this is the case, then it is important to talk to a skilled and experienced Los Angeles workplace retaliation attorney. He or she may be able to advise you on how to best handle this complex situation.

Is It Illegal for Me to Face Retaliation If I Act as a Witness in an EEOC Investigation?

If you are acting as a witness in an EEOC investigation (or any type of investigation relating to discrimination, harassment or retaliation), then it is illegal for your employer to retaliate against you. However, engaging in EEOC activity does not shield you from all discipline or discharge. An employer is still allowed to discipline or terminate an employee if the termination is motivated by non-retaliatory reasons. The law only protects employees from retaliation that is motivated by their protected activity.

If your employer transferred you to a less desirable position, gave you a lower performance review than earned or threatened your position because of your protected conduct, then they could be guilty of retaliation. The attorneys at Yadegar, Minoofar & Soleymani, LLP, will help you determine if you should consider filing a Los Angeles workplace retaliation lawsuit, based on the actions of your employer or coworker.

Call Our Los Angeles Retaliation Attorney to Learn More

You can schedule a consultation with a Los Angeles retaliation attorney at YMS if you believe you have been a victim of workplace retaliation. We have the experience and resources needed to tackle these complex cases. Call us at (310) 499-0140 or use our online contact form to schedule a consultation.