You’ve reported illegal practices at work, requested accommodations for your health, or taken medical leave to care for a loved one. Instead of support, your employer retaliates. Suddenly, you’re facing unwarranted write-ups, a demotion, or even termination. This kind of backlash isn’t just unethical—it’s illegal. Marina Fraigun is here to make sure employers face the consequences for their actions, protecting your rights and restoring your confidence in justice.
When the odds are against you, Fraigun Law Group is here to level the field.
What is Workplace Retaliation?
Employer retaliation happens when an employer punishes an employee for exercising their legal rights. This can include reporting workplace harassment, requesting reasonable accommodations, taking family or medical leave, or blowing the whistle on illegal practices.
Retaliation isn’t just a workplace issue—it’s a violation of state and federal laws designed to protect employees. It can manifest in subtle ways, like exclusion from projects, or overt actions, such as termination. Regardless of how retaliation appears, it erodes workplace fairness and silences those who try to stand up for what’s right.
Unfair Retaliatory Practices in the Workplace
Retaliation can take many forms, but common examples include:
• Firing an employee after they report discrimination, harassment, or illegal practices.
• Reducing hours, pay, or benefits as punishment for legally protected actions.
• Creating a hostile work environment or allowing coworkers to harass the employee.
• Denying promotions or training opportunities after a complaint is made.
• Fabricating performance issues to justify disciplinary actions.
• Retaliation for requesting medical leave or accommodations for a disability.
• Punishment for participating in whistleblower.
Types of Employer Retaliation
Retaliation can occur in several specific situations, including:
1. Whistleblower Retaliation: Punishment for reporting illegal or unethical workplace behavior.
2. Reasonable Accommodation Retaliation: Retaliation for requesting changes to help you perform your job due to a disability.
3. Medical Leave Retaliation: Retaliation for taking legally protected leave under the FMLA or CFRA.
Breaking Down Types of Employer Retaliation
Whistle blower retaliation
California’s Whistleblower Protection Act ensures that employees who report illegal activities, such as fraud or unsafe working conditions, are protected. Employers who retaliate against whistleblowers face significant penalties, and Marina knows how to hold them accountable.
Qui Tam Retaliation
Employees who expose fraud against the government, such as billing scams or misuse of public funds, play a critical role in maintaining integrity. Marina is skilled at navigating these high-stakes cases, ensuring that whistleblowers are protected from retaliation.
Reasonable accommodation Retaliation
The Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) require employers to provide reasonable accommodations for employees with disabilities. Retaliation for these requests is a blatant violation of your rights—and one Marina takes seriously.
medical leave retaliation
Under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), employees are entitled to take time off for medical or family needs. Marina fiercely defends employees who face backlash for exercising these rights.
What California Laws Protect Against Employer Retaliation?
California offers some of the strongest protections for employees under laws such as:
• California Labor Code Section 1102.5: Protects whistleblowers from retaliation.
• FEHA (Fair Employment and Housing Act): Protects employees requesting reasonable accommodations or reporting discrimination.
• California Family Rights Act (CFRA): Protects employees taking family or medical leave.
• California Whistleblower Protection Act: Prevents retaliation against employees reporting legal violations.
These laws ensure that employees can stand up for their rights without fear of retribution.
What Qualifies as Employer Retaliation?
Employer retaliation can be direct or indirect, but it always involves an adverse action linked to a protected activity. Examples include:
1. Being demoted after filing a harassment complaint.
2. Receiving unjustified write-ups after requesting medical leave.
3. Being excluded from important projects after reporting workplace misconduct.
4. Being denied a raise or promotion for participating in a whistleblower case.
What Should I do If I Think I’m a Victim of Retaliation?
If you believe you’ve been retaliated against, follow these steps to protect your rights:
1. Document Everything: Keep detailed records of incidents, including dates, times, and specific actions taken against you. Save emails, memos, performance reviews, and any other relevant documents.
2. Identify the Protected Activity: Understand what legally protected action you took, such as reporting harassment or requesting accommodations.
3. Consult with an Employment Attorney: Retaliation cases require strong legal support. Marina Fraigun can review your case, provide guidance, and start building a strategy to fight back.
4. Avoid Retaliating in Return: Stay professional in your interactions with your employer to avoid giving them additional grounds for action against you.
5. File a Complaint with the Appropriate Agency: This could include the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
How Do I File a Complaint for Employer Retaliation?
Filing a complaint involves several steps:
1. Consult an Attorney: Before filing, consult Marina to assess your case and ensure your complaint is accurate and thorough.
2. File with DFEH or EEOC: Submit your complaint through the appropriate agency’s online portal or office, detailing the retaliation and your protected activity.
3. Cooperate with Investigations: Agencies may request evidence or interviews as they investigate your claim. Marina will guide you through this process.
4. Receive a Right-to-Sue Letter: If the agency cannot resolve your case, they may issue this letter, allowing you to take legal action
The Complaint Process
The complaint process for employer retaliation can feel daunting, but the Fraigun Law Group simplifies it. After your initial consultation, Marina will handle every detail, from filing the complaint with the appropriate agency to prepare your case for litigation if necessary. She knows how to navigate agency investigations, build compelling arguments, and secure the best possible outcome for her clients. With Marina, you’ll never face this battle alone.
Why Choose Fraigun Law Group for this Retaliation Case?
When it comes to employer retaliation cases, Marina Fraigun stands apart. Her approach is fearless, her preparation meticulous, and her advocacy relentless. She has taken on major corporations, such as Fox News and Apple, and turned around cases that other attorneys deemed “too difficult.”
With Marina, you’re not just hiring an attorney—you’re partnering with someone who genuinely cares about your fight. She listens to your story, understands your frustrations, and takes action immediately. Whether your case involves whistleblower retaliation, medical leave violations, or harassment for seeking accommodations, Marina is ready to challenge employers who think they’re above the law.
Common Questions about Employer Retaliation
Navigating an employer retaliation case can be overwhelming, especially when you’re unsure of your rights or the steps to take. Below are answers to some of the most frequently asked questions about employer retaliation to help you understand your situation and the legal options available:
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WHAT QUALIFIES AS EMPLOYER RETALIATION UNDER CALIFORNIA LAW?
Employer retaliation occurs when your employer takes adverse action against you because you exercised your legal rights. This includes reporting workplace harassment, taking family or medical leave, or requesting reasonable accommodations for a disability. Examples of retaliation include being fired, demoted, or harassed after engaging in these protected activities. These cases often arise in fast-paced environments like those seen in Los Angeles workplaces.
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CAN I STILL SUE MY EMPLOYER IF I’M UNSURE I CAN PROVE RETALIATION?
Yes, you can still pursue a claim even if you don’t have clear proof. Common evidence includes email records, witness statements, and changes in job performance reviews following your protected activity. Marina’s experience with cases in Los Angeles gives her a sharp understanding of local workplace dynamics.
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HOW LONG DO I HAVE TO FILE A RETALIATION CLAIM IN CALIFORNIA?
In most cases, you have one year to file a claim with the California Department of Fair Employment and Housing (DFEH). However, the timeline may vary depending on the specific circumstances of your case. Speaking with Marina early ensures you don’t miss any critical deadlines, especially in high-pressure industries common in the Los Angeles area.
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WHAT IF MY EMPLOYER SAYS THE ADVERSE ACTION WAS UNRELATED TO MY PROTECTED ACTIVITY?
Employers often claim that negative actions—like poor reviews or termination—were based on performance or company needs. Marina knows how to challenge these defenses by connecting the timing and circumstances of the adverse action to your protected activity. Many cases in Los Angeles involve nuanced workplace policies that Marina skillfully navigates.
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CAN MY EMPLOYER RETALIATE AGAINST ME FOR FILING A COMPLAINT WITH HR, EVEN IF NO FORMAL INVESTIGATION HAPPENED?
Yes, filing an internal complaint with HR is considered a protected activity under California law. Retaliation against you for raising concerns, whether formally or informally, is illegal, and Marina can help you hold your employer accountable. This protection extends to employees across Los Angeles and the surrounding areas.
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AM I PROTECTED FROM RETALIATION IF I PARTICIPATED IN A WHISTLEBLOWER ?
Absolutely. California has strong whistleblower protection laws that safeguard employees from retaliation after reporting fraud, safety violations, or illegal activities. An employment attorney ensures employees in Los Angeles are fully protected when taking on these high-stakes cases.
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WHAT SHOULD I DO IF MY EMPLOYER STARTS MAKING THREATS OR HARASSING ME AFTER I FILE A COMPLAINT?
Document all instances of threats or harassment, including dates, times, and what was said or done. This behavior not only strengthens your retaliation claim but may also give rise to additional legal claims. Contact Marina immediately to take the next steps and stop the behavior. Many Los Angeles-based workers have relied on her advocacy to shut down these unlawful tactics.
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HOW CAN MARINA FRAIGUN HELP WITH MY EMPLOYER RETALIATION CASE?
Marina is known for her tenacity, strategy, and ability to deliver results in even the toughest cases. She will evaluate your situation, guide you through the legal process, and ensure your rights are protected every step of the way. Her experience in holding powerful employers accountable makes her the ally you need in your corner. Los Angeles employees who feel silenced or mistreated can count on Marina to fight for justice and ensure their voices are heard.
If you don’t see your question here, don’t hesitate to reach out. Our firm is ready to listen, answer your questions, and provide the support you need to fight back against retaliation. Whether you’re in Sherman Oaks or downtown Los Angeles, she’s here to help.
Retaliation Stops Here – Let Fraigun Law Group Fight For You
Employer retaliation creates fear, uncertainty, and frustration, but you don’t have to face it alone. Marina Fraigun is a relentless advocate for employees in Los Angeles and the San Fernando Valley, ensuring that no injustice goes unanswered. Her dedication, strategy, and results-driven approach set her apart as the champion you need in your corner.
If you’re ready to take action and stand up for your rights, contact the Fraigun Law Group today. Marina will not only fight for your case—she’ll fight for your future.