Workplace Retaliation
Lawyer

Workplace Retaliation Attorney

California and Nevada have several laws in place to protect the rights of employees from any type of retaliation they may face in the workplace. Although there are several laws in place, there are still several retaliatory events that occur at the workplace. If you have been punished by your employer for whistleblowing, contact our workplace retaliation lawyers for a free consultation today.

What is Workplace Retaliation?

Retaliation is when an employer takes disciplinary actions on or creates a situation for an employee because the employee partook in an activity protected by rights granted from the Equal Employment Opportunity Commission (EEOC). Activities that are protected by the law according to the Equal Opportunity Commission include speaking up against an unsafe work environment. When the employee speaks up against the workplace environment, they are essentially considered a whistleblower.

According to the EEOC, nearly half of the complaints filed in 2017 included a retaliation charge. This accounted for more than any other type of complaint by far, showing that retaliation is not uncommon among American companies.

Even if disciplinary action was enforced on an employee after they filed a complaint with an EEOC, it’s not necessarily always considered to be retaliation. For example, if Jim was fired just after he filed a complaint with the EEOC, but the employer let Jim go because of his consistently poor performance and has the documentation to back that claim up, then this would not be considered an act that was made in retaliation to Jim’s filing of the complaint.

How to Prove Workplace Retaliation in California

It is important to hire an attorney with experience in employment and labor law who has represented employees who have been retaliated against in the past. There are several elements that a workplace retaliation attorney must meet. For example, your employment attorney must be able to establish a connection between the employees’ complaints and the employer’s retaliation. Our attorneys are dedicated to working to gather as much information as possible to create a timeline of events that describes the retaliatory actions.

California workplace retaliation laws also consider the severity of the retaliation. California requires that the retaliation be severe in order to disrupt the employee’s work. Sometimes, it could be very difficult to prove workplace retaliation in California and Nevada because both states considered employees “at will” employees. These types of employees could terminate the relationship at any time for any reason. However, that does not mean that employees do not have a claim for workplace retaliation. Employees are protected under California labor laws and the Whistleblower Protection Act.

Laws that address whistleblower protection:

• The Whistleblower Protection Act
• The Sarbanes-oxley Act
• The Occupational Safety and Health Act
• The California Whistleblower Act
• The Nevada False Claims Act

What Type of Damages Could I Receive for Workplace Retaliation?

 There are different types of damages someone who has suffered workplace retaliation could receive. This includes:

• Economic damages: this type of damage is easily calculated and includes lost wages and lost job opportunities
• Non-economic damages: these are damages that are not easily calculated and involve more of the emotional distress that the plaintiff has suffered.
• Punitive damages: in certain circumstances, punitive damages are awarded when the employer shows malice and the court wants to deter this type of behavior.

Examples of Workplace Retaliation

Workplace retaliation can include any adverse action taken on an employee for engaging in a protected activity. This can include actions such as:

• Unfair demotion
• Unfair firing
• Reduction in pay
• Reduction in hours
• Disciplinary action
• Negative performance reviews
• Job or role reassignment to a less favorable position
• Shift reassignment to a less favorable time
• Unfair relocation
• Verbal or physical abuse
• Threatening or making reports to immigration authorities about the employee’s citizenship status
• Spreading false rumors about the employee
• Treating the employee’s family members negatively
• Any other actions taken to deter a reasonable employee from filing a complaint

This is not an exhaustive list, there are several other different types of workplace retaliation suffered. If you believe you have suffered any of the above examples, contact our attorneys today.

Protected Activities

Under the protection rights granted by the EEOC, it’s unlawful for an employer to retaliate for activities such as:

• Expressing concern over employment discrimination to a manager or supervisor.
• Providing answers to investigators during an employer investigation looking into alleged harassment.
• Intervening to protect others from unwanted sexual advances or resisting them.
• Bringing EEOC-related compensation disparities to the management’s attention.
• Requesting different accommodations due to religious belief or disability.
• Advising another employee about EEOC laws or compliance.
• Providing information to the employer during an internal investigation regarding an EEOC-related issue.
• Discussing the gathering of evidence for a potential EEOC complaint with other co-workers.
• Taking any part in an EEOC investigation, complaint, lawsuit, or charge as a complainant or witness.
• Refusing to follow directions that would lead to discrimination.
• Asking supervisors or co-workers about their salaries to discover potentially discriminatory wage practices.

Under all circumstances, participation in any complaint process is fully protected against retaliation by the law.

What Should I Do If I Suspect Workplace Retaliation?

If you suspect workplace retaliation, or have been the victim of workplace retaliation, there are certain steps we advise our clients to take. This includes:

• Document everything: it is important to keep a detailed journal that describes the incident in detail. Include dates, documents, emails, internal memos, witness information, or any other information that could be used to strengthen your workplace retaliation case.
• Contact your employer: we advise that employees initially contact their internal department, such as the human resources department, to deal with the harassment issues internally. It is important to follow workplace protocol in order to show that you have the complaint on record.
• Hire our experienced employment attorneys: if you file a complaint with the human resources departments and they fail to make any changes, or the retaliation persists, we advise that you seek a skilled employment attorney immediately to deal with the workplace retaliation.
• We understand that workplace claims could be very stressful and complex. Our experienced workplace attorneys are here every step of the way to guide you through your legal claim.

How Can Our Employment Law Attorneys Help Your Retaliation Claim?

Workplace retaliation claims can be complicated, especially if there isn’t much physical evidence. Our retaliation claim attorneys:

• Conduct in-depth investigations to determine the merits of your claim;
• Look into the employer’s past history;
• Hire experts to determine lost pay;
• Negotiate with your employer to reach a fair settlement.