Workplace Retaliation Lawyer

Workplace Retaliation

Both California and Nevada have robust laws designed to protect employees from workplace retaliation. Despite these legal protections, retaliatory actions by employers still occur. If you have faced punishment for whistleblowing or exercising your legal rights, our workplace retaliation lawyers are here to help.

What is Workplace Retaliation?

Workplace retaliation occurs when an employer takes adverse actions against an employee for participating in legally protected activities, as defined by the Equal Employment Opportunity Commission (EEOC). These protected activities include, but are not limited to, reporting unsafe working conditions, filing discrimination complaints, or participating in investigations. Employees who engage in these activities are often referred to as whistleblowers.

According to the EEOC, nearly half of the complaints filed in 2017 included a retaliation charge, making it the most common type of complaint. This statistic highlights the prevalence of retaliation in American workplaces.

Examples of Workplace Retaliation

• Termination: Firing an employee for reporting illegal activities or unsafe conditions.
• Demotion: Lowering an employee’s job position or responsibilities after they file a complaint.
• Salary Reduction: Decreasing an employee’s pay as a consequence of their whistleblowing.
• Exclusion: Excluding an employee from meetings or decision-making processes due to their protected activities.
• Unwarranted Discipline: Issuing unjust disciplinary actions in response to an employee’s complaint.

Legitimate Disciplinary Actions

Not all disciplinary actions taken after an employee files a complaint are considered retaliation. For instance, if an employee is terminated for documented poor performance, even if the termination occurs after a complaint is filed, it may not constitute retaliation. For example, if John Doe were fired after filing a complaint with the EEOC, but the employer has documented evidence of his consistently poor performance, this would likely not be considered retaliation.

How to Prove Workplace Retaliation in California

Proving workplace retaliation can be challenging, but hiring an experienced employment and labor law attorney is essential. Your attorney should have a track record of successfully representing employees who have faced retaliation.

Here are key elements that a workplace retaliation attorney must establish:

1. Connection Between Complaint and Retaliation: Your attorney must demonstrate a clear link between your complaint and the employer’s retaliatory actions. This involves gathering comprehensive information to create a timeline of events showing how the retaliation unfolded after your complaint.
2. Severity of Retaliation: California laws require that the retaliation be severe enough to disrupt the employee’s work. Your attorney will need to prove that the retaliatory actions had a significant impact on your employment.
3. Overcoming “At-Will” Employment: While California and Nevada are “at-will” employment states, meaning employers can terminate employees for almost any reason, this does not preclude a claim for retaliation. Employees are protected under California labor laws and the Whistleblower Protection Act.

Key Laws Protecting Whistleblowers

Employees are protected under various laws designed to prevent retaliation against whistleblowers:

• Whistleblower Protection Act: Protects federal employees who disclose information on illegal or unethical activities.
• Sarbanes-Oxley Act: Provides protections for employees of publicly traded companies who report fraud and violations of SEC regulations.
• Occupational Safety and Health Act (OSHA): Protects employees who report workplace safety violations.
• California Whistleblower Protection Act: Protects state employees who report improper government activities.
• Nevada False Claims Act: Protects individuals who report fraud against the government.

Steps to Take if You Face Retaliation

1. Document Everything: Keep detailed records of all incidents of retaliation, including dates, times, and any witnesses.
2. Report Internally: Follow your company’s procedures for reporting retaliation, if applicable.
3. Consult an Attorney: Seek legal advice from an experienced workplace retaliation attorney to understand your rights and options.

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 includes any adverse action taken against an employee for engaging in a protected activity. Common examples include:

• Unfair Demotion: Lowering an employee’s job title or responsibilities without justification.
• Unfair Firing: Terminating an employee’s position as a form of punishment for engaging in protected activities.
• Reduction in Pay: Cutting an employee’s wages or salary as a retaliatory measure.
• Reduction in Hours: Decreasing the number of hours an employee is scheduled to work.
• Disciplinary Action: Imposing unjust disciplinary measures in response to an employee’s protected actions.
• Negative Performance Reviews: Giving unwarranted poor performance evaluations to discredit the employee.
• Job or Role Reassignment: Moving an employee to a less favorable position or role.
• Shift Reassignment: Assigning the employee to less desirable work hours or shifts.
• Unfair Relocation: Transferring the employee to a different location that is inconvenient or less desirable.
• Verbal or Physical Abuse: Subjecting the employee to hostile or abusive behavior.
• Threatening Immigration Status: Threatening to report the employee to immigration authorities regarding their citizenship status.
• Spreading False Rumors: Circulating untrue and damaging information about the employee.
• Negative Treatment of Family Members: Discriminating against or mistreating the employee’s family members.
• Deterring Complaints: Any actions intended to discourage a reasonable employee from filing a complaint or reporting wrongdoing.

This is not an exhaustive list; many other forms of workplace retaliation can occur. If you believe you have suffered any of the above examples or other retaliatory actions, contact an experienced employment law attorney 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 complex, particularly when there is limited physical evidence. Our experienced retaliation claim attorneys can assist you by:

• Conducting In-Depth Investigations: Thoroughly examining the details of your case to establish the merits of your claim.
• Reviewing Employer History: Investigating your employer’s past behavior and history of retaliation to strengthen your case.
• Hiring Experts: Engaging specialists to assess and calculate your lost wages and benefits accurately.
• Negotiating Settlements: Skillfully negotiating with your employer to secure a fair and just settlement.

By providing comprehensive legal support, an attorney can ensure that your rights are protected and that you receive the compensation you deserve.