It is illegal under federal law and under California law for an employer to retaliate against an employee that reports or otherwise opposes unlawful activity. Retaliation in the workplace is any form of adverse action that an employer takes against an employee because the employee engaged in a protected activity. That protected activity might be filing a complaint about harassment, or discrimination, or unpaid wages. Examples of an adverse action include:
- Being fired, laid off or demoted
- Being reassigned to objectionable or risk job duties
- Being passed over for promotions
- Having their pay reduced, their benefits terminated and/or hours cut back
- Receiving negative performance reviews in the absence of any job-related performance issues.
California and federal law protect employees against workplace retaliation. Also, the law doesn’t only protect the person who filed the complaint, but it also protects anyone who participates in any investigation that arose from the complaint. This means that employees who are interviewed regarding a complaint cannot be retaliated against for participating in the investigation.
If your employer has retaliated against you for reporting an adverse action in the workplace, you may have certain legal rights and remedies. Our retaliation attorneys at the Workers’ Advocate Law Group can help you learn about these rights, help you protect yourself and explore the various legal remedies available to you.
Often times when an employee speaks up –whether on their own behalf or a coworker – they become subject to employer retaliation. Retaliation can take many forms and can include any negative effects include firing, demotion, relocation, reduction in hours, and much more.
It can be difficult to tell if an employer is retaliating against you. A change in your supervisor’s attitude or conduct around you may simply mean he or she is acting more professionally. However, if you have reported an adverse action in the workplace and you experience negative effects on your employment immediately or shortly after the incident, you may be a victim of retaliation. In some cases a person is also eligible to collect compensation for pain and suffering as well as attorney’s fees and costs. In rare instances, retaliation cases result in punitive damages for the client. These types of damages are more difficult to prove and must show that the employer acted with oppression, fraud or malice. Ask your retaliation lawyer what damages apply to your situation.
You may be entitled to recover:
- Back pay
- Front pay
- Emotional distress damages
- Punitive damages in the case of truly egregious violations of the law
If you suspect your employer is retaliating against you, you can document the alleged behavior. Speaking with an attorney as soon as possible is a good first step in protecting your rights. Retaliation cases can be extremely complex and time sensitive, the earlier your attorney gets involved, the better. You may be entitled to damages for lost wages and emotional distress. It is illegal for your employer to fire you because you have reported an adverse action. We can help determine the best course of action for your situation and can take actions to protect your rights.
Ultimately, the decision to report incidents in the workplace is up to you. However, in the event you do report it, know that the law is on your side. Don’t accept unlawful employer retaliation, speak with an experienced Los Angeles employment lawyer today. File your employment misclassification claim today.
Count on an experienced lawyer from Workers’ Advocate Law Group who has extensive experience in fighting for their clients’ employment rights. You can contact our firm online to schedule your free consultation in English or Spanish today. Our team will be more than happy to assist you accordingly.