Employees in California that make complaints about harassment or discrimination or come forward about illegal activity in the workplace or unsafe work conditions should be protected under the law. Still, that hasn’t prevented some employers from retaliating against workers that come forward.
If you suspect that you have been retaliated against under both State and Federal Law, you should consult our experienced Encino employer retaliation lawyer at Fraigun Law Group. We look forward to working for you to fight for your rights under the law.
Contact us to schedule a consultation with an experienced Encino employment law attorney.
What is Employer Retaliation?
Employer retaliation, which is also known as workplace retaliation refers to when an employer takes an adverse employment action against an employee in response to the said employee engaging in a legally protected activity.
Under California Law, there are numerous “protected” activities, which include:
- Resisting sexual harassment
- Reporting hazardous health or safety conditions
- Filing a workers’ compensation claim
- Going on sick leave to take care of a family member that has fallen ill
- Submitting a wage claim with the California Labor Commissioner
- Taking time off work to serve on a jury
- Discussing salary issues with co-workers or managers
- Engaging in a particular political activity
- Reporting workplace discrimination
- Reporting a failure to provide accommodation for a disability.
The same laws that protect employees from the workplace behaviors listed above also protect them from retaliation by their employer. California labor agencies and the United States Equal Employment Opportunity Commission (EEOC) both provide strong protections for employees against retaliation.
Types of Retaliation
Not all employer retaliation cases are the same. Depending on the employer, there are a wide variety of retaliation tactics. Retaliation sometimes results in outright wrongful termination from a job. Still, it may include but isn’t limited to the following:
- Being demoted from your job
- Being denied promotions or raises
- Increased workloads for the employee
- Being left out of training opportunities
- Unfavorable shift arrangements or job relocations
- Negative performance reviews
- Unwarranted salary reductions
If you feel that you are experiencing acts of workplace retaliation, reach out to the Encino employer retaliation lawyer at Fraigun Law Group. Issues of workplace retaliation are time sensitive and how quickly you react can affect your ability to file a successful workplace retaliation lawsuit.
What Should I Do If I Suspect Workplace Retaliation?
If you suspect you may have been the victim of workplace retaliation, you can take the following steps to protect your rights:
Keep meticulous records of each incident related to your case from the moment you suspect it, including texts, emails, internal memos, performance reviews, written documents, and other evidence that can be used to strengthen your case.
Follow Internal Procedures
Companies sometimes have a handbook that outlines how workplace harassment or discrimination is addressed internally. File a complaint with your employer first to give them the opportunity to correct the incident, and to have the complaint on record.
Hire a Workplace Retaliation Attorney
You should also ensure that you discuss your concerns with an experienced lawyer to understand your rights and how to properly handle the case. Your lawyer will explain the legal procedures and guide you through the next steps.
How Do You Prove Workplace Retaliation?
California might have laws in place aimed at protecting workers from retaliatory action by employers for protected activity, but it is still often incredibly challenging to prove an employer retaliation claim.
You must show the following to prove an employer retaliation claim in California:
You Participated in a Protected Activity
The first thing you will need to do is prove that you were participating in a legally protected activity, such as making a complaint about harassment or discrimination or participating in an investigation against your employer.
You Suffered a Tangible Adverse Employment Action
You will also need to prove that you were punished for engaging in the legally protected activity. The punishment could be being demoted, getting fired, or losing overtime hours that you were getting before engaging in the protected activity.
Engaging in the Protected Activity Was the Main Reason for the Adverse Employment Action
You will also need to show that you were punished specifically for engaging in the legally protected activity. Your employer may try using evidence that there were other reasons for the adverse employment action in an effort to prove that the action wasn’t employer retaliation. That’s why you need a lawyer to help you counter this argument since it is usually the most difficult to prove.
The two most important factors in establishing the correlation between your engagement in the protected activity and your employer’s retaliatory action are keeping good records and working with an experienced lawyer at Fraigun Law Group. Contact us today to schedule a free consultation.
What Damages Are Available in California Employment Retaliation Cases
California employment laws offer employees 3 types of damages in the case of workplace retaliation:
- Economic Damages include lost benefits, lost job opportunities, and lost wages.
- Non-Economic Damages include the aspects of emotional distress brought on by the retaliation.
- Punitive Damages are aimed at punishing the employer for their unlawful actions and deterring similar behavior in the future.
How Will Our Encino Employer Retaliation Lawyer Help With Your Claim?
Cases revolving around employer retaliation can become complicated since it isn’t easy to prove such claims. At Fraigun Law Group, our job is to empower you and give you a voice when facing workplace retaliation. Our attorney Marina Fraigun will do the following:
- Conduct a complete investigation into your employer retaliation claim
- Gather any evidence proving that retaliation has occurred
- Look into your employer’s past history of terminations
- Obtain statements from supervisors or coworkers related to your case
- Work with financial and economic experts to calculate your losses accurately
- Negotiate will all parties involved to reach a fair settlement
- Take the case to trial if settlement negotiations fail.
One of the most important reasons why you should have our employer retaliation lawyer on your side is to have somebody give you straightforward information regarding your case. We understand that retaliation cases can be sensitive and that you are likely going through an emotionally challenging period. That’s why we handle all our cases with the utmost discretion.
Are There Time Limits for Filing an Employer Retaliation Lawsuit?
Yes. You generally have 1 year from the date of the retaliatory act to acquire a right to sue letter from the Department of Fair Employment and Housing (DFEH). After that, you have 1 year to file a case in state or federal court. Your lawyer will usually acquire the right-to-sue letter for you.
The time limits for filing a retaliation lawsuit are different for employees of public entities. All retaliation claims involving retaliation or retaliation in violation of state or federal law should be filed within 6 months after the alleged incident occurred.
Facing Workplace Retaliation in Encino? Our Encino Employer Retaliation Lawyer Can Help!
If you or a loved one has suffered workplace retaliation after coming forward about harassment, discrimination, unsafe working conditions, unfair wage practices, or other reportable offense under the law, contact The Fraigun Law Group in Encino today.
We are ready to investigate what happened and work to ensure that you receive fair treatment from your employer. Our goal is to secure the compensation that you are rightfully entitled to under the law for your losses. Contact us today to schedule your consultation with our Encino employer retaliation lawyer.