Los Angeles Workplace Retaliation Lawyer
Workplace Retaliation
Employees who have suffered workplace retaliation should not have to feel helpless or that they can’t fight back. While it may sometimes feel impossible to fight against workplace retaliation, there is always an opportunity to get justice and hold those responsible accountable for their actions. Lawyers for Justice, PC is a top-rated employment law firm and believes that every worker in Los Angeles deserves a fair and just work environment.
The talented team at Lawyers for Justice, PC employs a strategic course of action for clients that will hold those responsible accountable for their actions. The firm helps clients get the justice and compensation they deserve. No matter the type of employment claim, the attorneys at Lawyers for Justice, PC can help.
To get started with a free consultation, call the 24/7 legal team at (213) 772-5010 today!
What is Workplace Retaliation
According to the US Department of Labor, workplace retaliation can occur when an employer fires or unjustly punishes an employee for engaging in a protected activity, such as advocating for their anti-discrimination rights, complaining about discriminatory workplace culture, whistleblowing, or complaining about workplace violations.
Retaliation can occur in many ways. Some of the most common examples of workplace retaliation include demotion, transferring an employee to a less desirable position, engaging in verbal or physical abuse, purposefully giving a low performance evaluation, unjustly reprimanding an employee, and even making personal threats to the authorities.
Legal Protections Against Workplace Retaliation
There are a number of federal and California state laws that provide employees protections against workplace retaliation. These are designed so that people have the right to work safely without discrimination and have the ability to correct any workplace injustice that has occurred.
Regardless of the job or industry, employees are protected by laws designed to uphold their rights.
Federal Laws
- Title VII of the Civil Rights Act of 1964– Prohibits any workplace discrimination based on race, color, religion, sex, and national origin, but it also prohibits retaliation against any employee who opposes workplace discrimination.
- Fair Labor Standards Act (FLSA)– Protects employees from any workplace retaliation for reporting wage violations, such as unpaid overtime or minimum wage issues.
- Occupational Safety and Health Act (OSHA)– Protects employees from retaliation who raises any concerns about workplace safety or if they file a complaint with OSHA.
- Family and Medical Leave Act (FMLA)– Prohibits retaliation against employees who take or request leave for family or medical reasons.
California-Specific Laws
- California Fair Employment and Housing Act (FEHA)– Protects employees from retaliation for opposing discriminatory practices or harassment.
- California Labor Code 1102.5– Prohibits retaliation against employees who report violations of state or federal laws, or regulations, or refuse to participate in unlawful activities.
- California Labor Code 6310– Protects employees from retaliation for raising workplace safety concerns or filing a complaint with the California Division of Occupational Safety and Health (Cal/OSHA).
- California Whistleblower Protection Act– Protects employees in state agencies who disclose improper governmental activities or conditions that pose a significant threat to public health or safety.
- California Paid Family Leave and Sick Leave Laws- Protect employees from retaliation for taking protected leave under the California Family Rights Act (CFRA), Paid Family Leave (PFL), or for using accrued sick days under the Healthy Workplaces, Healthy Families Act.
What Should You Do If You Experience Workplace Retaliation
Employees who believe they have experienced workplace retaliation should take prompt action. Examples of retaliation include being demoted, purposefully excluded, or subjected to harassment for performing job duties. It is crucial to document all incidents meticulously, noting dates, times, and collecting witness statements or other evidence that supports the claim.
Initially, employees are advised to report the issue to their company’s HR department in an effort to resolve it internally. If these efforts fail, consulting with an employment attorney is recommended to explore available legal options and determine the best course of action.
How To Prove Workplace Retaliation
To prove workplace retaliation, an employee must demonstrate that they engaged in a protected activity and subsequently faced an unjustifiable action from their employer. Gathering crucial evidence is essential to building a strong case. This evidence may include:
- Performance Reviews
- Emails
- Witness Testimonies
- Written Threats
- Video Footage and Documentation of Complaints
Maintaining a detailed record of incidents that establish a clear correlation between the protected activity and the employer’s retaliatory actions is vital for substantiating the claim.
Why You Should Hire A Los Angeles Workplace Retaliation Lawyer
Victims of workplace retaliation should strongly consider hiring an experienced attorney to significantly improve their chances of success. A workplace retaliation lawyer handles essential aspects of the case, including filing the necessary paperwork, gathering critical evidence, negotiating on the employee’s behalf, representing them in court, and providing sound legal advice when needed.
Given how emotionally charged and personal these cases can become, having an attorney who can objectively analyze and present the facts is invaluable for achieving a favorable outcome.
Recoverable Damages You Can Receive
Depending on the severity of the case, employees may be entitled to a combination of economic, non-economic, and punitive damages in a workplace retaliation lawsuit.
Recoverable damages may include lost wages, compensation for emotional distress, and reinstatement to their position. In cases involving egregious conduct, negligence, or recklessness, punitive damages may also be awarded to punish the employer, set legal precedence, and deter similar behavior in the future.
To understand the specific damages an employee may recover, it is advisable to consult with an experienced workplace retaliation attorney as soon as possible.
Lawyers For Justice, PC is Here To Help
Employees who believe they have been mistreated at work and retaliated against for their actions may be eligible to file a claim and recover damages. Lawyers for Justice, PC is an established law firm specializing in employment law, prepared to take on the toughest cases. Regardless of the type of retaliation suffered, the firm’s dedicated attorneys develop tailored legal strategies to ensure justice is served.
Whether filing a claim against regional employers or Fortune 500 companies, Lawyers for Justice, PC is committed to protecting workers’ rights and holding employers accountable for their actions.
To get started with a free consultation, call (213) 772-5010 today!