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Los Angeles Retaliation Lawyer
Being retaliated against by your employer is a serious issue that can negatively affect your career, finances, and overall well-being. Unfortunately, workplace retaliation is more common than many people realize, and it can take on many forms such as being demoted, denied promotions, or even being fired. Luckily, Equate Law is here to help. If you’re an employee in Los Angeles facing retaliation from your employer, Equate Law has experienced attorneys ready to help you fight back and win your retaliation claims.
What is Retaliation?
Retaliation occurs when an employer fires an employee or takes some other adverse action against an employee for engaging in protected activity. Retaliation refers to the employer’s targeted punishment of an employee who has complained about wages, discrimination, harassment, unsafe working conditions, fraud, or other illegal activity in the workplace. Employers often retaliate against employees by firing them, demoting them, reassigning the employee to a less desirable position or location, or micromanaging them to make the workplace toxic. Many times, employers begin to retaliate shortly after the employee has engaged in protected activity, such as requesting or taking medical leave or complaining about discrimination. Retaliation occurs in both small and large companies. If you believe that you have been a victim of retaliation, our legal team at Equate Law can help you with your retaliation claims.
Types of Retaliation:
The key to any retaliation claim is that the employee was exercising their rights and the employer sought to punish that person for exercising their rights. When an employee exercises their legal rights, they are engaging in protected activity. The following are some common examples where employers retaliate against employees:
- After Taking or Requesting Medical Leave
Every California employee can request and take medical leave, although the length and approval of the medical leave will depend on many factors. Employer’s will often retaliate against employees by: denying the medical leave under the preface that they are unable to accommodate it or not allowing the employee to return to their job.
- After Reporting Unsafe Working Conditions
California employees have a right to work in environments that are free from hazards and dangers. Employees are entitled to report unsafe working conditions and health and safety issues when they see them. Employers will often retaliate against employees when they speak up about unsafe working conditions because employers fear that their workplace facility will get shut down or cited by a government agency.
- After Filing a Workers’ Compensation Claim
California employers are required to maintain workers’ compensation insurance for the benefit of employees who are injured or sick because of work. California has strict requirements. Employers often treat employees differently or fire them after the employee is injured on the job or when the employee attempts to file a workers’ compensation claim. However, it is illegal for employers to punish employees for seeking workers’ compensation benefits that they are entitled to such as: medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits and a return-to-work supplement, and death benefits.
- After Complaining About Unpaid Wages
Employees are entitled to complain about their unpaid wages or report inaccuracies with their pay. Employees also have the right to complain about not receiving meal breaks or rest breaks. If your employer punishes you after you complain about your wages and pay, they are unlawfully retaliating against you.
- After Reporting Discrimination or Harassment
Employers have a duty to prevent discrimination and harassment in the workplace. If you put your employer on notice of discrimination or harassment, the employer needs to investigate, correct, and prevent that behavior. Your employer cannot punish you for reporting discrimination or harassment in the workplace.
- After Reporting Fraud
Employees have an ethical duty to report fraud when they see it in the workplace. Fraud is illegal and a crime. If your employer or supervisor is engaging in fraud and you report it, you are engaging in protected activity and should be retaliated against. California retaliation laws encourage employees to speak up and bring illegal activities, such as fraud, to light so that they can be prevented.
- After Taking or Requesting Sick Leave
In California, employees have a right to request and take sick leave without retaliation. Employers and managers cannot unreasonably refuse to approve your sick leave request or fire you after taking sick leave. Employers also cannot set unreasonable limitations on your ability to take sick leave, such as requiring you to provide doctor’s notes.
- After Taking Time Off for Jury Duty
Los Angeles, California employees have the right to take time off for jury duty provided that the employee has given reasonable notice to their employer. Each person has a civic duty to take time off to serve on a jury (jury service) and employers cannot fire you for doing so.
- After Taking Time Off for Military Training
California employees who are veterans and members of the armed forces have a right to take time off from work for military training and engagements without being retaliated against by their employers. Retaliation occurs when an employer does not allow a veteran or member of the armed forces to return to their job after attending military training.
- After Taking Time Off for Your Child’s School Activities
Employees who are parents, grandparents, or guardians have a legal right to participate in their child’s or grandchild’s school activities, to locate or enroll the child in school or childcare, or to go to the child’s school for emergencies. Employers and supervisors cannot fire you for participating in your child’s school activities.
- After Disclosing Wage Information to Other Employees
Employees in California are entitled to discuss and share information about their pay with anyone, including their co-workers. Employers cannot fire or retaliate against you for disclosing your wages to others.
- After Disclosing a Positive COVID-19 Test Result or Diagnosis or Order to Quarantine
Employers in California cannot retaliate against an employee who has disclosed a positive COVID-19 test result or order to quarantine or isolate. If you get fired for disclosing your positive COVID-19 test result, you may also have a claim for disability discrimination.
Federal Laws Protecting California Employees
There are many federal laws protecting California employees. For example, the Family Medical Leave Act (FMLA) allows eligible employees to take unpaid leave of a limited period in a 12 month period for specific medical conditions or matters relating to their family. According to the Equal Employment Opportunity Commission (EEOC), retaliation is the act of taking adverse employment actions against an employee who has engaged in a protected activity. Protected activities such as the following, making a complaint about discrimination or harassment, participating in an investigation, or asserting their rights under the law. Retaliation is illegal under federal and state law, and employees who experience retaliation are entitled to legal protection and compensation. The U.S. Department of Labor Wage and Hour Division states that an “adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity.” At Equate Law, our attorneys are experienced in handling retaliation claims, and we’ve helped many employees achieve successful outcomes in their cases.
California State Laws Protecting Employees
Employees in Los Angeles can rest easy knowing that they are protected by several laws if they ever experience retaliation from their employer. These laws include the California Fair Employment and Housing Act (FEHA), California Labor Code, and California Workers’ Compensation Laws. In an effort to create a safe and equitable work environment, these laws serve as a shield for employees who have experienced any form of retaliation. Whether it’s seeking time off for medical reasons or reporting a violation by their employer, employees in Los Angeles have legal protection and assurance that their rights will be upheld. Additionally, the FEHA protects employees from discrimination based on their race, gender, sexual orientation, and other protected characteristics. With these laws in place, employees in Los Angeles can feel confident that they have legal recourse if they experience any form of retaliation in the workplace.
What Damages and Compensation Can Employees Receive in Retaliation Lawsuits
In retaliation cases, an employee who has suffered harm as a result of retaliation may be able to seek damages through legal action. These damages can vary depending on the specific circumstances of the case, but may include:
- Back pay: If an employee was fired, demoted, or experienced a reduction in pay as a result of retaliation, they may be able to seek compensation for the wages they would have earned had they not been retaliated against.
- Front pay: If an employee is unable to return to their previous position or is unable to find comparable work after experiencing retaliation, they may be entitled to receive compensation for the wages they would have earned in the future.
- Emotional Distress damages: This type of damages is intended to compensate the employee for any emotional distress, pain and suffering, or other non-economic harm they may have experienced as a result of the retaliation.
- Punitive damages: These damages are intended to punish the employer for their misconduct and deter them from engaging in similar behavior in the future.
- Attorneys’ fees and costs: If the employee prevails in their retaliation case, they may be able to recover the costs of pursuing legal action, including attorneys’ fees and other expenses associated with the case.
It’s important to note that the specific damages available in a retaliation case can vary depending on the applicable laws and the facts of the case. It’s also important to seek the advice of a qualified employment attorney who can help you understand your rights and options.
How Equate Law Can Help Fight Against Workplace Retaliation
At Equate Law, our attorneys are dedicated to helping employees fight against workplace retaliation. We offer a range of legal services to help you throughout the legal process, including providing legal advice, conducting investigations, filing lawsuits, and negotiating settlements. We understand that retaliation can cause significant emotional and financial damage to employees, and we’re committed to ensuring that our clients get the justice they deserve.
If you’re facing retaliation in the workplace, contact Equate Law to schedule a consultation with one of our attorneys. During the consultation, we’ll listen to your story, help you determine your legal options, and provide advice on the best course of action to take. We’ll work tirelessly to ensure that your rights are protected.
Retaliation in the workplace is unfortunately all too common. From firing to reducing pay, employees can face a variety of unfair treatment simply for speaking up about issues at their job. In addition to the obvious harm caused by such actions, they also create a hostile work environment that can perpetuate a negative workplace culture. By documenting any incidents of retaliation or harassment and reporting them to the correct parties, workers stand a better chance of protecting their legal rights and ensuring that they can continue working in a safe and fair environment. Employees in California are protected by state and federal laws and have access to law firms such as Equate Law that specialize in employment law fields that protect employees from hostile work environments or employers that abuse employment laws.
What Can You Do If You’re Facing Retaliation in the Workplace?
If you’re facing retaliation in the workplace, there are steps you can take to protect yourself and your legal rights. First, you should document any incidents of retaliation, including dates, times, and details of what happened. This documentation can be used as evidence in your case, and can help strengthen your claims. Second, you should contact an attorney at Equate Law as soon as possible. Our attorneys can provide guidance on your legal rights, advise you on the best course of action to take, and help you file a retaliation claim.
In today’s workplace, it’s important to protect yourself from retaliation. If you’ve experienced discrimination, harassment, or other misconduct, it can be challenging to know what steps to take next. To avoid further retaliation, it’s crucial to document what happened and timely report it in writing to the company. Seeking legal advice can also be valuable in determining your best options. If you’re unsure about what steps to take, consider reaching out to Equate Law for guidance on the process, the time frame involved, and what to expect along the way. Don’t let retaliation continue – take action today to protect yourself and your rights in the workplace. In addition to taking steps to protect yourself after experiencing retaliation, it’s also important to be proactive in preventing retaliation from occurring in the first place. This can involve educating yourself about your legal rights as an employee and familiarizing yourself with your company’s policies and procedures for reporting misconduct. Additionally, you can help create a workplace culture that values open communication and discourages retaliation by speaking up when you witness inappropriate behavior or misconduct. By taking a proactive approach to preventing retaliation, you can help ensure that you and your colleagues can work in a safe and respectful environment.
Facing retaliation in the workplace can be a highly emotional and stressful experience for employees. But you are not alone. With the help of an experienced attorney at Equate Law, you can fight back and pursue your retaliation claims. Our attorneys are dedicated to helping employees in Los Angeles protect their legal rights and receive the compensation they deserve. If you’re facing retaliation in the workplace, contact Equate Law for a free confidential consultation.
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