If you believe you have been wrongfully terminated from your job, it’s crucial to understand your rights and explore your legal options. Retaliation in the workplace is not only unjust but also illegal under both California and federal laws.

At Lawyers for Justice, PC, we are dedicated to helping individuals who have suffered from workplace retaliation seek the justice they deserve. When you need an experienced employment lawyer in Los Angeles, we are here to guide you through every step of the process.

What Is Workplace Retaliation?

Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities. These activities include reporting workplace discrimination or harassment, participating in an investigation of discrimination or harassment, filing a complaint or lawsuit against the employer, refusing to participate in illegal activities, and taking family or medical leave under the Family and Medical Leave Act (FMLA).

Adverse actions can range from demotion, salary reduction, or reassignment to a less desirable position, to outright termination. Retaliation can also include more subtle forms of punishment, such as negative performance reviews, exclusion from meetings, or creating a hostile work environment.

Legal Protections Against Retaliation

Both federal and California state laws provide protections against workplace retaliation. Key statutes include Title VII of the Civil Rights Act of 1964, which prohibits retaliation against employees who complain about discrimination or harassment based on race, color, religion, sex, or national origin.

The Fair Labor Standards Act (FLSA) protects employees who file complaints about wage and hour violations. California’s Fair Employment and Housing Act (FEHA) offers broad protections against retaliation for reporting discrimination, harassment, or exercising rights under the Act.

California Labor Code Section 1102.5 also prohibits retaliation against employees for disclosing information about violations of state or federal statutes, rules, or regulations to a government or law enforcement agency. You may feel pressure to determine how these laws apply to your case, but your Los Angeles workplace retaliation lawyer can handle this on your behalf. 

Why Should You Take Legal Action?

Working with a workplace retaliation lawyer to take legal action against mistreatment is about seeking justice for yourself, holding employers accountable, and preventing future retaliation. Ensuring that your rights are upheld and that you receive fair treatment in the workplace is paramount.

Financial compensation can help you recover from losing your job or facing demotion. Legal action can also serve as a deterrent against future unlawful behavior by the employer, promoting a healthier work environment for all employees.

What Kind of Recovery Might I Be Entitled To?

If you are successful in a retaliation claim, you may be entitled to various forms of compensation, including:

• Lost wages and benefits—reimbursement for income and benefits lost due to the retaliatory actions;
• Emotional distress—compensation for the emotional and psychological impact of the retaliation;
• Reinstatement—in some cases, you may receive reinstatement to your former position; and
• Punitive damages—in cases of egregious conduct, punitive damages may be awarded to punish the employer and deter similar future behavior.

Your Los Angeles workplace retaliation lawyer can help you determine exactly what you are owed based on your situation. 

How Do I Prove Workplace Retaliation?

To prove retaliation, you must demonstrate that you engaged in a protected activity, suffered an adverse employment action, and that there is a causal connection between the protected activity and the adverse action.

Evidence such as documentation of complaints, performance reviews, and communication with supervisors can be crucial in building your case. Keeping a detailed record of incidents and communications can significantly strengthen your claim.

What Should I Do If I Think I’m Being Retaliated Against?

If you suspect retaliation, it is essential to take immediate and strategic steps to protect yourself and build a strong case. 

Documentation

Meticulously document everything related to the retaliation. Keep detailed records of incidents, communications, and any adverse actions taken against you. This includes saving emails, memos, performance reviews, and witness statements. Detailed documentation can provide concrete evidence to support your claims.

File a Report

Report the retaliation to your employer, preferably in writing. You can report retaliation through internal channels such as HR or your supervisor. Clearly state the nature of the retaliation and reference any previous complaints or protected activities you engaged in. Make sure to keep copies of all correspondence for your records. Reporting the retaliation formally creates an official record, which is helpful in legal proceedings.

Legal Advice

Seek legal advice from a Los Angeles workplace retaliation lawyer as soon as possible. An experienced attorney can provide guidance on the best course of action, help you navigate the complexities of your case, and ensure the protection of your rights throughout the process. Legal counsel can also assist in gathering further evidence, filing claims, and representing you in negotiations or court if necessary.

Remain Professional

It’s also important to maintain professionalism and continue performing your job duties to the best of your ability. Avoid giving your employer any legitimate reasons for adverse actions that could undermine your retaliation claim. Remaining professional can also positively impact your case if it goes to court or arbitration.

Can My Employer Fire Me for Reporting Retaliation?

No. It is illegal for an employer to terminate or further retaliate against an employee for reporting retaliation. Such actions would constitute additional retaliation and could strengthen your case. If you face further adverse actions after reporting retaliation, it is essential to document these actions and seek immediate legal assistance.

How Long Do I Have to File a Retaliation Claim?

The time limits, or statutes of limitations, for filing retaliation claims can vary depending on the laws you are filing under. Under federal law, you typically have 180 days to file a complaint with the Equal Employment Opportunity Commission (EEOC). However, an extension to 300 days is possible if a state or local agency enforces a law prohibiting employment discrimination on the same basis.

Under California law, you generally have one year from the date of the retaliatory action to file a claim with the California Civil Rights Department (CRD). It is crucial to act promptly to ensure your rights are protected.

Contact a Los Angeles Workplace Retaliation Lawyer

At Lawyers for Justice, PC, our experienced team of Los Angeles workplace retaliation attorneys is committed to fighting for the rights of employees who have been wrongfully terminated or retaliated against. We understand the emotional and financial toll that retaliation can take, and we are dedicated to providing compassionate and comprehensive legal guidance.

Our approach includes personalized attention, aggressive advocacy, and comprehensive support. We take the time to understand your unique situation and tailor our legal strategies to meet your specific needs. We are unafraid to take on powerful employers and fight for the justice you deserve. From initial consultation to final resolution, we guide you through every step of the legal process, ensuring you are informed and empowered to make the best decisions for your future.