Los Angeles Retaliation Lawyer

 

Employees in the American workforce have several protections to ensure safe and fair work environments. Most employees are aware of the laws regarding discrimination and harassment and what to do if they encounter such things in the workplace. However, it is also important to know your rights as an employee when it comes to filing a claim about discrimination or any other report that may reflect negatively on an employer.

The Los Angeles retaliation attorneys at Mathew & George have handled a variety of employment law cases. We are committed to compassionate and thorough representation for every client. Reach out to our LA employment attorneys today to set up a no-obligation consultation free of charge. We will review the details of your situation and let you know if a lawsuit is a viable option.

When an employee reports a claim to an oversight agency, such as the Occupational Safety and Health Administration (OSHA), Food and Drug Administration (FDA), or Equal Employment Opportunity Commission (EEOC), there are protections to safeguard against adverse actions that the individual’s employer may take against the employee. Such actions are known as retaliation. Retaliation is illegal in the state of California and if you are a victim of it, you should know your legal options – something the Los Angeles retaliation lawyers at Mathew & George can help you understand.

Types of Workplace Retaliation

Retaliation covers a wide breadth of potential conduct, some types of retaliation include:

  • Termination. If an employee is fired for performing a protected action, he or she may file a retaliation lawsuit for wrongful termination.
  • Reduced pay or denial of raises. Similarly, if the employee’s pay is docked or he or she is denied a reasonable rate increase in response to performing a protected action, this also constitutes retaliation.
  • Demotion. Demoting an employee or reducing his or her work responsibilities or other similar responses after performing a protected action is retaliation.
  • Changes to job duties. The employee must be allowed to continue in his or her regular position with no unreasonable, unwarranted changes.
  • Transfer or schedule change. Changing schedules happens often for many businesses and may be difficult or frustrating for some employees. However, some may be impossible to meet, such as requiring a parent of young children to switch to an overnight shift.
  • Isolation or relocation of work-space. If an employee performs a protected action and his or her employer then forces the employee to move out of his or her office and into a small cubicle without a justifiable reason, this may be construed as retaliation.
  • Threats. Making threats against a protected employee’s employment status or personal well-being is illegal in almost any circumstance. If done in response to the employee performing a protected action, it is retaliation.
  • Undue or excessive scrutiny. Sudden changes in an employer’s treatment of an employee after he or she performed a protected action are retaliation.

Understanding Workplace Retaliation

Filing a claim with the EEOC or other government agency is considered a protected action. A protected action is any action an employee makes in good faith, such as filing a report about a hazardous work environment or an incident of sexual harassment in the workplace. It is vital for employers to remember that a judge will hold them liable for any negative actions taken against an employee for performing a protected action, even if the employee’s claim turns out to be untrue.

Our Los Angeles retaliation attorneys determine that protected actions include:

  • Testifying in legal proceedings about an employment-related lawsuit
  • Communicating details of a discrimination or harassment claim to a manager or supervisor
  • Participating in an internal investigation of alleged discrimination or harassment
  • Asking about salary information to investigate the possibility of discriminatory pay-related practices
  • Resisting sexual harassment or coming to the aid of other employees being sexually harassed
  • Requesting that the employer make a reasonable accommodation for religious reasons or a disability

This is not an exhaustive list – many other actions may be deemed legally protected depending on the circumstances. Additionally, protected actions also apply to internal reports. If an employee reports an incident to a supervisor or HR, the employee’s supervisor is prohibited from taking negative actions against the employee.

Contact Our Attorneys

As you can see, retaliation cases are often complex and may involve several areas of law and overseeing entities. If you believe you have faced retaliation, because of reporting harassment or workplace discrimination in Los Angeles, contact an experienced employment law attorney at Mathew & George as soon as possible.