Unfortunately, workplace retaliation is common in Irvine. But, we have top-rated Irvine attorneys who have experience in labor and employment laws to make sure that employers do not practice unfair and unlawful workplace policies. 

Many employees are not even aware that they have a qualified right to file a lawsuit against their employer. This is a right that is granted by California labor laws. When it comes to filing a lawsuit, Irvine follows California labor and employment laws.

Our experienced Irvine attorneys have been representing employees for the last several decades. Employee retaliation could take place in several different ways, with wrongful termination being one of the most common causes. For example, an employer, supervisor, manager, boss, etc. cannot fire an employee for no reason. Instead, employers must have a valid lawful reason for letting an employee go.

If an employer has violated any of the below  subjects, and an employee speaks up against it, an employer cannot retaliate against the employee:

  • Health and safety of the workplace environment. All employers must provide a safe working environment for their employees. There should be workplace safety policies in place to make sure that employees perform their tasks safely, and it does not result in physical injuries to others. This means that all potential hazards must be properly taken care of. This is especially common in workplace environments like construction sites. When it comes to construction sites, all employees should be properly trained, especially when dealing with heavy machinery.
  • Fraudulent actions taken by employees in the company. An employer must make sure that all employees act ethically. This means that they must not engage in any fraudulent activity. If an employee does notice fraudulent activity at work, the employee should gather all relevant evidence that proves fraudulent activity, and report it to the proper human resources department or to a whistleblower hotline depending on the circumstances of the violation. 
  • Discriminatory motives: An employer cannot discriminate against an employee simply because they belong to a protected class. This allows the employee to file a claim against the employer. In the event that the employee files a claim, and the employer cannot then retaliate against the employee. 

What are examples of workplace retaliation?

Sometimes, workplace retaliation could be so subtle that an employee does not even know that they have the right to file a lawsuit to get compensated. Any type of unfair practice that an employee experiences by their employer is a type of retaliation. An employee can exercise their protected rights without having to fear retaliation from their employer. Below are some examples of workplace retaliation:

  • Demoting an employee: an employer may demote an employee’s position if the employee has spoken up. For example, this means a decrease in the salary, the commission, or failing to provide the employee with a bonus as retaliation. In other circumstances, an employer may even demote the employee’s seniority status, giving them limited access to workplace benefits like paid vacation.
  • Denying the employee opportunities: if the employer denies the employee promoting opportunities, this could be a form of workplace retaliation. For example, if the employee is denied training, opportunities to attend workplace conferences, or travel for work, the employer may be engaging in retaliation. 
  • Failing to promote the employee: sometimes, the employee may feel as if they are just coasting, and are not being promoted by the employer. If the employer fails to provide any raises or bonuses when the employee has performed as they should, this may be a form of workplace retaliation.
  • Micromanaging the employee: if the employee has noticed that the employer has started to micromanage the employee after the employee has reported the workplace condition, then this may be a form of workplace retaliation. This may be a way for the employer to look for any mistakes that the employee has made simply to just terminate the employee’s employment. This is also considered wrongful termination.
  • Transferring the employee: the employer may transfer the employee to another location to avoid having to work with the employee. Instead, the employer may raise other reasons for transferring the employee, which may not be valid reasons.
  • Harassing the employee: the employer may try to harass the employee, whether it is through verbal harassment, physical harassment, or sexual harassment. This could be a traumatic experience for the employee.
  • Firing the employee: this is one of the most common scenarios associated with workplace retaliation in Irvine. The employer may fire the employee and let them go from the position without a valid reason.
  • Poor performance reviews: the employee could be performing great, but the employer could retaliate against the employee by falsely providing poor performance reviews.
  • Reducing the employees number of hours: if the employee has received a reduction in the number of hours they usually work, this could be a form of retaliation by the employer.
  • Excluding the employee:  the employer may exclude the employee from meetings, social events, and with other colleagues in the office.

Above are just some circumstances of workplace retaliation where an employee could file a lawsuit. To see if you qualify for a workplace retaliation claim or lawsuit, give our top-rated attorneys a call to discuss.

How can you prove workplace retaliation?

In order to prove workplace retaliation, you must prove a change in the circumstance is. For example:

  • You took part in a protected activity and reported circumstances at work. Whether these circumstances involved health and safety, or workplace discrimination.
  • After reporting on lawful activity at work, your employer treated you negatively.
  • Your employer treated you negatively because you reported the unlawful activity. 

Although it seems very clear-cut, there are so many factors to consider. For example, an employer may raise lawful arguments saying that instead the employee performed poorly and there was a lawful reason for letting the employee go. Because this could be a very difficult process, we recommend that you speak to our attorneys immediately. 

Our attorneys are available remotely, through phone, and in person at our Irvine offices. No matter what way you would like to communicate with our attorneys, we always make sure that we are available for our clients to hold employers responsible for unlawful actions and unlawful treatment. During a case evaluation, we could decide what the next best steps are for you. You could also chat with us online for more assistance. 

What documents will help me with my workplace retaliation claim?

There are several documents that attorneys may look at when determining what steps to take for your workplace retaliation claim. This includes:

  • Your personnel files
  • Your performance reviews
  • Interviews with your coworkers 

Our Irvine Workplace Retaliation Attorneys Are Just A Phone Call Away

Give our top-rated attorneys a call to discuss your case. Employment law could get very tricky, especially navigating through the  California labor code. It could be even more difficult to gather all necessary evidence and piece together the workplace retaliation. Sometimes, workplace retaliation must be proven with circumstantial evidence since direct evidence may not exist. That is why we recommend that you move forward with an experienced and knowledgeable Irvine employment lawyer like Heidari Law.