Retaliation Lawyer in Long Beach, CA
The consequences of workplace retaliation might range from losing a promotion to being fired. If you are the victim of retaliation at work, you have legal protections under the law. So, what exactly is retaliation?
In this article, we’ll explain what retaliation is in law. We’ll also provide information on how to prove retaliation at work and how to sue for retaliation.
What constitutes retaliation?
You may sense retaliation right away, or it may be so subtle that you don’t even know what happened. If any of the following has happened to you, you may have been the victim of retaliation:
- When you file a complaint against your employer for not paying you overtime, and are promptly dismissed.
- You participate with an inquiry into whether your company violated the law by failing to pay minimum wage and overtime, and as a result, you begin to notice that your work hours are being decreased, your responsibilities are being lowered, and you are receiving no advancement opportunities.
- You’ve always been praised for your work. After that, you went to your company’s human resources department to complain about a coworker who was harassing the female coworkers. For not being a “team player,” you have been demoted following the firing of that coworker.
- When you return to work after a month off to care for a sick relative, you are the only one who will not be getting a raise.
- Your employer is being sued for racial discrimination and you testify in the case. A few days later, you’re abruptly assigned to the night shift with no warning.
California employees can’t be fired for exercising their rights under employment legislation, such as exercising their right to free speech.
Our Long Beach employment law attorneys provide legal representation in the following practice areas:
- Class Actions
- Rest & Meal Breaks
- Sexual Harassment
- Wage & Hour
- Workplace Harassment
- Wrongful Termination
How can you tell if your coworkers are retaliating against you?
Certain protected acts, such as submitting internal or external complaints about discrimination or sexual harassment, serving as a witness in an inquiry, or reporting violations of minimum wage or overtime regulations, are all permissible for employees to engage in.
If you’re being retaliated against for engaging in such protected action(s), you’re more likely to be fired, denied pay increases, or given poor performance reports than someone who has never taken part in such protected activity before.
Do you have any strategies for dealing with retaliation in the workplace?
The greatest approach to handling retaliation is to record it. Employees should retain a record of all interactions with their managers or HR, as well as any protected activity they engage in. Those who have been subjected to retaliation can potentially file a lawsuit to collect lost income, wages in arrears, and damages.
You can get a free consultation from an employment law attorney if you’ve been the victim of retaliation.
Is it possible to sue an employer if they create a hostile workplace?
Yes, employees can file a lawsuit against their company if they feel their workplace is hostile. Workers who report harassment from their supervisors to their employers are automatically entitled to compensation from their company.
Coworkers, independent contractors, or clients may also be held accountable for creating a hostile work environment for employees. To find out if you have a case for a hostile work environment, speak with an employment lawyer for a free consultation.
How can you prove retaliation?
A supervisor’s retaliatory actions against an employee can be proven by the documentation of the employee’s protected activities. Being fired, denied a promotion, or demoted, as well as losing income or benefits, are all examples of this.
Is it possible to sue your employer for retaliation?
If you are able to argue that the retaliatory action violated the law and has caused you mental anguish, you may have the right to sue. You may have a case if your boss or a coworker knowingly or negligently caused you mental anguish by retaliating.
If you’ve been punished for exercising your First Amendment rights, you may be able to sue your employer under employment law for retaliation.
Some other examples of retaliation include getting fired after reporting sexual harassment, having your salary reduced for reporting discrimination, or even being denied tenure after testifying in a discrimination inquiry against your company.
Your company can be sued if you’ve been the victim of retaliation and you’ve lost pay and suffered mental distress as a result.
What is a protected activity under the law?
Filing a complaint of harassment or discrimination, appearing as a witness in an inquiry, or answering questions during an internal investigation of a firm are all examples of legally protected acts.
Discrimination, whistleblowing, and reporting pay fraud are all examples of instances in which employees are protected by the law. If an employee participates in an activity that is protected by law, their employer cannot retaliate.
What should be done in the event of retaliation at work?
An employment lawyer should be consulted by those who have been the victims of workplace retribution.
Ricardo Lopez Law, P.C. has a lot of expertise in employment law and will help you protect yourself from retaliation, make a claim, and get what you deserve. Discreet consultations are made available to victims of retaliation in Long Beach, California.
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