Orange County Workplace Retaliation Lawyer
EMPLOYER RETALIATION ATTORNEY IN Orange County, CA
UNDERSTANDING YOUR RIGHTS
While many people are aware of the various laws in place that protect employees from unlawful discrimination, harassment and other forms of employment injustice, few may know that employees are also protected from retaliation.
Employer retaliation refers to any type of adverse employment action taken against an applicant, employee or former employee who engaged in legally protected activity. Our Southern California employment lawyers can assist you with cases involving employer retaliation.
Legally protected rights and activities may include:
- Raising complaints regarding discrimination, harassment or violations of workplace law
- Filing a whistleblower claim
- Participating in workplace investigations or legal proceedings
- Opposing unlawful activity
- Taking pregnancy, family, medical or military leave
- Voting or serving jury duty
WHAT CONSTITUTES RETALIATION in California?
State and federal laws explicitly prohibit employers from basing their employment decisions on these legally protected actions. In order to file a successful claim, you must demonstrate that your employer’s retaliation was harmful or damaging enough to prevent or dissuade a reasonable employee from exercising their protected rights. Adverse actions taken by the employer, managers or fellow employees can be grounds for such a claim.
Common examples of the various types of adverse employment actions that can constitute retaliation are:
- Wrongful termination
- Demotion, disciplinary action or negative evaluations
- Change in job or shift assignment
- Exclusion from meetings or training
- A series of retaliatory acts
STEPS YOU SHOULD TAKE AFTER BEING RETALIATED AGAINST at Work in California?
The first step you should take if you believe you have been retaliated against is to talk with your supervisor or human resources representative. By asking specific questions, you can understand why you were demoted or otherwise negatively acted against. If your employer cannot give you a legitimate explanation, such as poor performance review or the need to fill an opening, you can voice your concern that you are being retaliated against.
When an employer does not see where you are coming from, you may point out that the negative action only took place after you complained. If your employer isn’t willing to admit to the wrongdoing and correct it, you have every right to secure legal representation and fight for justice and compensation. Begin collecting any evidence you think could confirm your belief that your complaint triggered your employer’s negative, retaliatory actions. Dig up any helpful evidence, such as emails, that existed prior to your complaint that could prove that your employer has illegally retaliated against you.
FIRED AS RETALIATION in California
RETALIATORY DISCHARGE CLAIMS
One of the most common reasons for wrongful termination is retaliation. For one reason or another, if your employer decides to retaliate against you, it could end in termination of your employment. Sometimes, employees get demoted or receive a salary cut as retaliation. If you are currently being retaliated by your employer, supervisor or co-workers, know that you are legally protected against being fired. If your employment is terminated, contact a Southern California employment law attorney at Diefer Law Group, P.C., to discuss legal action.
Employers retaliate for a number of reasons, including the following situations:
- Alleged misconduct such as sexual harassment
- Claiming discrimination in the workplace
- The employee/victim did or said something that made the employer feel exposed
Employees who speak out against these alleged workplace violations, either publicly or privately, are called “whistleblowers.” By law, whistleblowers are protected against termination. Allow our Southern California employment lawyers to represent you if you have been fired as retaliation.
OTHER FORMS OF WORKPLACE RETALIATION in California
A recent Forbes report identified 12 of the most common workplace retaliation tactics. Some employees who are retaliated against do not lose their jobs but instead experience one or more of the following forms of retaliation. In many cases, employees who are wrongfully terminated undergo some of the following types of retaliation before they are eventually terminated.
The Most Common Forms of Workplace Retaliation Include:
- Being left out of decisions and other meetings they were formerly included in.
- The “cold shoulder” is an attitude that often accompanies workplace retaliation; 62% of employees surveyed indicated that they were victims of this treatment.
- More than half of all employees surveyed said they experienced at least one instance of verbal abuse from their manager or supervisor.
- 56% of employees surveyed say that they experienced threatened job loss as a type of retaliation.
- Failing to receive an expected raise or promotion.
- Receiving verbal abuse from co-workers.
- Just under half of employees surveyed indicated that retaliation took on the form of a pay cut or their supervisor scaling back their hours.
- Were you relocated or were your job duties reassigned? About 44% of employees surveyed said that they experienced the same thing.
- Just under 35% of all other employees surveyed indicated that they were demoted, harassed online, endured physical harm or damage to their property, or harassed at home.
According to the Equal Employment Opportunity Commission, the law forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
REQUEST A FREE CASE EVALUATION
If you believe that you are a victim of employer retaliation, our Southern California employment attorneys can review your case. By requesting a free, no-obligation case evaluation, you can learn more about your eligibility to pursue legal action and the compensatory damages to which you may be entitled. Should you have a viable claim, our employment lawyers are prepared to guide you step by step through the legal process and toward the resolution you deserve.
Our Orange County Workplace Retaliation Lawyers CAN MAKE THE DIFFERENCE
Although we are confident in our legal abilities to obtain the results our clients deserve, we know that seeing is believing. If you or your loved one is currently facing any type of law issue or dispute, or if you are interested in exploring your legal options, we invite you to request a free, no-obligation case evaluation. Our case evaluations can be conducted over the phone or in person.
Compensation may be eligible for:
- Lost wages
- Emotional damages
- Punitive damages
If you have been wrongfully terminated or your job has been threatened as a form of workplace retaliation, then retain the legal representation you need by contacting a Southern California wrongful termination attorney at Diefer Law Group, P.C. We also represent employees who are enduring retaliation other than termination, such as pay cuts, demotions, loss of benefits and more. Our passion is to protect employees throughout Southern California against unlawful employment practices.
At Diefer Law Group, P.C., we dedicate two Southern California employment lawyers to each client’s case and always place an emphasis on personal attention. Members of our legal team have received the Avvo Clients’ Choice Award and been included in the Super Lawyers list of Rising Stars, therefore you can be fully confident when trusting your case to these proven legal experts.
Contact Diefer Law Group, P.C., to discuss your needs today!
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