Illegal retaliation in the workplace is the most common complaint employees make to the Equal Employment Opportunity Commission (EEOC). Employers who retaliate against employees for valid complaints about discrimination, harassment, and other wrongful acts are liable for the losses they cause to the worker. If your employer has engaged in retaliation at work, then you should contact a Los Angeles, CA retaliation lawyer at Setyan Law right away.
What Is Retaliation in the Workplace?
Retaliation is an adverse employment action taken against an employee who reports wrongful situations in the workplace. For example, an employee may report race discrimination and the employer may respond with unlawful wrongful termination. This is retaliation, and it is illegal.
Workplace Retaliation Examples
Workplace retaliation claims generally involve protected activities by the employee. The Civil Rights Act of 1964 established many of those protected activities, and subsequent laws have added more.
In general, employers cannot retaliate against workers for filing a complaint, encouraging a coworker to file a complaint, acting as a witness in an employment investigation, or otherwise advocating for victims of harassment and discrimination. Furthermore, employees are protected from facing retaliation in response to partaking in a protected activity, like taking a medical leave of absence.
Employer retaliation may include the following:
- Refusal to hire
- Failure to promote
- Wrongful termination
- Sidelining, or a loss of opportunity
- Illegal reassignment of tasks or duties
- Loss of seniority or authority (both formal and informal)
- Unwarranted poor performance review
- Creation of a hostile work environment
Taking part in organized labor activities, such as attending a union meeting or joining a union, are also protected activities in California.
What Is California Labor Code 1102.5?
California Labor Code 1102.5 protects workers from whistleblower retaliation. A whistleblower is someone who reports unlawful activities in the workplace. According to California laws, an employee who reports their employer cannot be retaliated against in any way, including by wrongful termination.
If you believe your employer has retaliated against you for a whistleblower action, then you should contact a Los Angeles, CA whistleblower retaliation lawyer right away. Not only does Setyan Law offer free consultations, but a recent bill – AB 1947 – allows a court to award reasonable attorney’s fees to plaintiffs with successful actions against their employers under 1102.5.
A Los Angeles, CA Retaliation Attorney Can Help You
How an Employment Attorney in Los Angeles, CA Can Help You
Employment disputes are about more than winning. They often involve your livelihood and can impact your entire life. Setyan Law has a team of legal professionals and discrimination lawyers in Los Angeles, CA, Pasadena, CA, and Glendale, CA.
We will review your case, gather evidence to support your claims, and fight for you to get the justice you deserve.
Please feel free to call us for a free consultation about your rights.