Firing an Employee in California
One of the most obvious forms of retaliation is an employer terminating an employee’s job unlawfully. California has “at-will” employment laws that make it legal for employers to fire employees at will, for almost any reason or no reason at all. However, this does not give employers the right to fire a worker based on discrimination or retaliation. Retaliatory job termination might come after the employee reported safety violations to the Occupational Safety and Health Administration (OSHA) or workplace discrimination/harassment to the Equal Employment Opportunity Commission (EEOC).
If an employer fires someone to punish the person, it is unlawful retaliation. Wrongful termination is a sector of its own in employment law, with attorneys prepared to take these specific cases. Wrongful termination can end a career, hurt the odds of getting another job, and put a family through financial hardship. Luckily, you have rights as a wrongfully terminated employee and the victim of retaliation in the workplace. You can pursue a claim against your employer and obtain justice for the damages you have suffered. Wrongful termination can also apply if an employer makes your workplace so hostile or intolerable that you’re forced to quit.
Docking an Employee’s Pay
Adverse impacts to the worker’s pay as punishment is another form of unlawful retaliation. This can include reducing the employee’s wages, demoting the worker, or scheduling the employee fewer hours. Docked pay because you made a complaint about your employer qualifies as retaliation. Adversely impacting your paychecks because you “blew the whistle” on employer actions is unlawful retaliation whether your complaint turned out to have merit or not.
Limiting an Employee’s Opportunities
Sometimes retaliation doesn’t come in the form of direct termination or pay cuts. Sometimes, the actions are more subtle. Yet even minor changes in employment can have major impacts on the employee. Retaliation can come in the form of excluding the employee from staff meetings, failing to give the employee promotion opportunities or otherwise limiting career opportunities. If you notice you’ve run into many more closed doors at work than you did before you filed a complaint, you could be the victim of retaliation.
Do I Need a Los Angeles Retaliation Attorney?
Workplace retaliation laws are complex, and the penalties for violating them can be severe. If you have been the victim of workplace retaliation, you may be entitled to compensation for lost wages, emotional distress, and other damages. A Los Angeles retaliation lawyer can help you understand your rights and options under the law. They can also begin the necessary legal proceedings to help you earn the total compensation you deserve.
Some value-added services retaliation lawyers provide clients include:
- The initial consultation. The purpose of initial consultation with a Los Angeles retaliation attorney is to determine whether you have a viable claim. This first step allows you to make an informed decision about whether to pursue legal action rather than acting on impulse.
- An investigation of your allegations. A retaliation lawyer can thoroughly investigate the facts and circumstances surrounding your allegations to determine whether there is evidence of discrimination or retaliation. This is useful information to have when it comes to negotiating a settlement or taking your case to trial.
- A determination of the damages you have suffered. To recover damages, you must be able to prove you have suffered some form of harm as a result of the retaliation, such as sexual harassment. A Los Angeles employment retaliation attorney can work with you to determine the full extent of the alleged damages you have suffered, both economic and non-economic.
- The negotiation of a settlement. If the evidence shows that you have a strong case for workplace retaliation, your lawyer can work with you to negotiate a settlement with the responsible party. This can save valuable time and expense of going to trial.
- The filing of a lawsuit. If a settlement cannot be reached, your Los Angeles retaliation lawyer can file a lawsuit on your behalf. This begins the process of taking your case to trial.
- Representation at trial. If your case goes to trial, your lawyer is by your side throughout the process, ensuring your rights are protected. They present your case in the strongest possible light and will fight for the compensation you deserve.
No matter what stage of the process you are at, a Los Angeles retaliation lawyer can help you navigate the complex legal landscape and fight for the compensation you deserve. If you have been the victim of workplace retaliation, it is recommended that you seek legal counsel as soon as possible.
What Evidence Can Prove Workplace Retaliation in Los Angeles?
To prove that you have been the victim of workplace retaliation, you need to present evidence that shows a connection between the retaliatory action and the protected activity. Some of the most common types of evidence that can be used to prove retaliation include:
- Performance reviews. If you have been the victim of workplace retaliation, there may be evidence of this in your performance reviews. For example, if you have suddenly received negative reviews after engaging in a protected activity, this could be used as evidence of retaliation.
- Email and other communications. Communications between you and your employer, as well as between your employer and other employees, can be used as evidence of retaliation. For example, if you have been told not to engage in a protected activity or have been threatened with termination after engaging in a protected activity, this could be used as evidence of retaliation.
- Witness testimony. Witnesses can provide valuable evidence of workplace retaliation. If you have co-workers who witnessed the retaliatory action, or if you have friends or family who can attest to the changes in your work life after you engaged in a protected activity, their testimony can be used to support your claim.
- Documentation. Any documentation you have of the retaliatory action, such as a termination letter, can be used as evidence in your case. These are often the most powerful pieces of evidence, as they can provide direct evidence of the retaliatory action.
This is not an exhaustive list of the types of evidence that can be used to prove workplace retaliation, but it is a good starting point. If you have been the victim of workplace retaliation, it is important to speak with an experienced attorney who can review your case and advise you on the best way to proceed.
FAQs About California Workplace Retaliation Laws
What makes a strong retaliation case?
The stronger the evidence, the stronger the case. This means if there is direct evidence, such as an email from your employer telling you not to engage in a protected activity or documentation of the retaliatory action, such as a termination letter, the case will be stronger. Even if there is no direct evidence, though, indirect evidence, such as performance reviews or witness testimony, can be used to prove retaliation.
What are some common examples of workplace retaliation in California?
Some common examples of workplace retaliation include termination, demotion, reduction in hours, and negative performance reviews. However, any adverse action that is taken against you by your employer after you engage in a protected activity can be considered retaliation.
What are the three essential elements of a retaliation claim?
The three essential elements of a retaliation claim are:
- That you engaged in a protected activity
- That your employer took an adverse action against you
- That there is a causal link between the two
This means you need to show that the protected activity was a motivating factor in the adverse action. Often, the best way to do this is to show that the adverse action occurred shortly after the protected activity or that there is a pattern of retaliatory behavior.
What qualities make a good retaliation lawyer in California?
A good retaliation lawyer is knowledgeable about the law and has experience handling these types of cases. They should also be able to effectively communicate with you and explain the legal process, which is tangible evidence of their ability to handle your case. Finally, a good retaliation lawyer is committed to fighting for your rights and protecting your interests. You should feel confident your lawyer has your best interests at heart and is working diligently to advance your case and achieve the best possible outcome.
Contact Our Los Angeles, CA Workplace Retaliation Attorneys Today
If you suffered damages as a result of any manner of workplace retaliation, speak with a Workplace Retaliation attorney in Los Angeles, CA today.
The initial consultation is free and we handle all cases on a contingency fee basis.
