Retaliation in workplaces takes many forms and can happen for various reasons. Typically, it occurs when a manager or employer takes disciplinary action against an employee for participating in a protected activity. For example, if you are fired for fighting against discrimination or harassment in your workplace.
Fortunately, employees are legally protected against workplace retaliation. Understanding your rights and the steps you can take to protect yourself is crucial. Our competent California attorneys at Sexual Harassment Attorney have sufficient facts about workplace retaliation for your information. We can also review your situation to advise you about your options and help you pursue the matter for a favorable outcome.
A Review of Workplace Retaliation
Workplace retaliation is a form of discrimination when an employer, employment agency, or labor organization takes adverse action against a job applicant, employee, or other protected persons because of their engagement in protected acts. Protected activities are all the activities that safeguard you from harassment and discrimination in a working environment. They are provided with employee rights through Equal Employment Opportunity (EEO). You can seek justice if someone or an organization harasses or discriminates against you.
Retaliation can happen for various reasons, including the following:
- For bringing an EEO complaint, lawsuit, or charge against an employer, labor organization, or employment agency.
- For agreeing to give a witness testimony in support of an EEO lawsuit, complaint charge, or investigation.
- For providing information in a hearing or investigation about an alleged harassment or discrimination claim by your employer.
- For giving your views to your employer or supervisor about harassment or discrimination in your workplace.
- For resisting sex-related advances by your employer, manager, supervisor, or anyone in authority.
- For intervening or agreeing to support a colleague facing discrimination or harassment in your workplace.
- For failing to follow discriminatory orders from someone in authority.
- For asking to be accommodated or for extra consideration based on your disability or religion.
- For seeking or obtaining your colleague’s salary details to unearth a possible discrimination matter.
According to EEO, employees have rights protecting them from harassment, discrimination, and retaliation. Thus, your involvement in bringing a claim or triggering an investigation into a possible discrimination or harassment matter is protected under the law. This includes any action you will take regarding the matter, including gathering information from colleagues and filing a complaint.
However, this protection does not apply if your employer takes disciplinary action against you for violating business policies and practices. Remember that employers also have the right to take action if anyone violates their businesses' standards of operation. They can place you on probation, remove your privileges, or terminate you. If you suspect retaliation from your employer, you can talk to a skilled attorney to understand if you have a viable case before filing a complaint against your employer.
Typically, employers are prohibited from reacting to any EEO activity their employee participates in, especially if their reaction discourages the employee from seeking justice for themselves or other employees. An employer can face a retaliation lawsuit if they take disciplinary action against an employee for the following reasons:
- If an employee reprimands their employer.
- If an employee speaks against a low-performance score they believe is unfair.
- If an employer engages an employee in verbal or physical abuse.
- If an employee speaks against an unfair transfer to a lower position.
- If an employee speaks against the false rumors the employer is spreading against them.
- If an employer treats an employee’s family unfairly.
- If an employer threatens an employee or reports them to authorities because of their uncertain immigration status.
- If an employer is making the working environment toxic or impossible for an employee.
What Constitutes Unlawful Retaliation?
Unlawful retaliation occurs when you are punished for involving yourself in a legal activity, including opposing illegal behavior. This means that some retaliations are lawful. A skilled attorney can help you understand your situation to determine whether you have a viable case of unlawful retaliation against your employer. Remember that EEO provides all employee activities that are protected. Thus, you must ascertain the following to determine whether or not you are facing workplace retaliation:
- Identify the activity you were involved in and determine whether it is protected under EEO.
- Identify the unfavorable action your manager took against you.
- Ensure that your engagement in the protected act was the direct cause of your employer's action. For example, the timing and statements made by the employer must match.
Sadly, not all wrongful conduct by employers is protected by EEO. Your attorney will help determine whether you are protected from your employer’s action and determine the viability of your retaliation case. For example, outright favoritism of a particular employee by your employer does not constitute harassment or discrimination. If your employer prefers to hang out with one specific worker because they have a common interest, they are not guilty of discriminating against you. EEO does not protect you against such behavior.
Talk to a skilled attorney about all your concerns to understand your legal options. An attorney will ensure you have adequate facts about retaliation for informed decision-making.
Laws Against Retaliation in California
The law has various statutes prohibiting unlawful workplace retaliation. These statutes specifically protect employees who boldly engage in the following activities:
Complain About Workplace Harassment and Discrimination
If there is harassment or discrimination in your workplace, it helps to know you can legally complain about it to your employer or relevant authority. No one should retaliate or threaten to retaliate against you for lodging such complaints. Your actions are protected under CA Government Code 1290(h). This is the law that makes it illegal for any person, employer, labor organization, or employment agency to expel a person or discriminate against them for doing the following:
- Filing a complaint.
- Opposing unlawful workplace practices.
- Testifying of offering to help a legal process against an employer or manager.
The statute allows you to freely speak or take action against discrimination or harassment based on a person’s race, gender, disability, sexual orientation, military status, or age. Thus, if your boss complains, opposes, or punishes you for complaining about discrimination or harassment, you can file a retaliation lawsuit against them.
Protest Against Unconducive Work Environments
The law mandates all employers to provide safe and conducive workplaces for their employees. Specifically, Labor Code 6310 provides guidelines and regulations employers must follow in providing safe workplaces. Labor Code 6310(b) protects workers who threaten to quit or are fired, demoted, suspended, or maltreated for protesting against unsafe workplaces. These employees have the right to reinstatement and reimbursement of their total lost wages and other work-related benefits they miss or lost through the unfair retaliatory acts of an employer.
The same statute protects workers who participate in committees that advocate for employees or promote workers' health and safety. Employers who retaliate against employees in violation of this statute can also face criminal charges if they fail to reinstate, promote, or restore a worker who qualifies for rehiring, reinstatement, or promotion after a successful legal hearing, grievance procedure, or arbitration.
Refuse to Violate the Law
Sometimes, employees are compelled by their superiors to commit crimes for which they face adverse consequences, including incarceration and job loss. It helps to know that the law protects you in case your boss asks or forces you to engage in crime. Thus, you should not participate in crime to save your job, for a promotion, or for a pay rise when you can seek the law’s protection against your boss. Your boss is legally prohibited from acting against you for failing to engage in crime. You can bring a retaliation lawsuit against them if you lose your job, are not promoted, or are demoted for failing to commit a crime.
According to CA Labor Code 1102.5(c), your employer or anyone in authority over you must not punish you for failing to participate in an act that violates a state or federal law. This law protects you for complying with local, state, or federal laws against your employer’s wishes or directives.
Retaliation, Discrimination, Whistleblower, and Wrongful Termination
These are some of the terms you must familiarize yourself with to bring a lawsuit against your employer for retaliation. Your attorney will assist you in understanding what these and many other terms you will come across mean to ensure you follow all the legal proceedings with minimal confusion. They will also explain the terms that will apply in your case and how you will use them to obtain a favorable outcome.
A whistleblower is a person who brings out hidden information that is otherwise meant to remain secret or unknown because of its sensitivity. You are a whistleblower if you report the violations or crimes your employer is committing to a government or higher-level manager. There are whistleblower laws under the Whistleblower Protection Act that safeguard you from retaliation by the people you act against. Thus, your employer cannot fire you or take adverse action against you for taking action against them. Whistleblower laws also provide solutions and directives when a senior person violates the law.
The Whistleblower Protection Act of 1989 mainly protects government employees against unlawful retaliation. Under this protection, employees can report or give evidence against senior government workers who violate the law, engage in gross mismanagement or misconduct, abuse authority, and threaten public safety and health.
Discrimination laws focus on safeguarded classes rather than protected activities. California discrimination laws cover religious creed, race, marital status, gender, genetic info, gender identity and expression, sex, age, military sexual orientation, and veteran status. People are also discriminated against by their national origin, medical condition, physical disability, mental disability, color, and ancestry.
Laws against wrongful termination cover many unlawful terminations, including those involving public policy violations. For example, you can file a claim against your employer if you are terminated for exercising your voting rights.
Reasons to Hire an Attorney
Retaliation laws are challenging to understand on your own. Skilled retaliation attorneys understand all the laws protecting you as an employee and how to use those laws to safeguard your rights. Thus, an attorney should be the right person to speak to if you suspect your employer is retaliating against you. An attorney will review your case details to advise you about the proper action against your employer. If they determine that your case is viable for unlawful retaliation, your attorney will assist you in preparing and filing a winning claim against your employer. They will also go through all court processes with you, protecting your rights and fighting for you until you are happy with the outcome.
A skilled attorney provides quality legal advice to help you make an informed decision. If you are unfamiliar with the laws protecting you against retaliation, they will go through the laws with you, pointing out how one or more of them apply in your case. You can pursue the matter through a civil suit once you have complete information about unlawful retaliation.
An attorney can help you recover damages incurred due to an unlawful retaliation. Remember that an unlawful retaliation can affect various aspects of your life, including your social and economic lives. If your employer terminates you or transfers you to a lower-level job or an unsafe working condition, you will suffer all kinds of damages. Your attorney will assist you in identifying and including those damages in your claim. By filing an unlawful termination claim, you will seek compensation for your damages.
Here are examples of damages your competent attorney can help you recover through a successful lawsuit:
Economic Damages
These damages cover any direct financial loss you incur through unlawful retaliation. For example, if you were unfairly terminated, your attorney can help you recover lost wages and other financial benefits you would have received if you did not lose your job.
Attorney Fee
Although attorneys are beneficial in helping navigate the legal processes successfully, they are expensive. You will need a substantial amount to afford a skilled and experienced attorney. However, you can recover that through a successful retaliation lawsuit. If the judge grants your claims, your employer should be able to compensate all the money you incurred seeking legal help.
Punitive Damages
They are additional damages the court awards you to punish a wrongdoer. Your attorney could compel the judge with evidence and testimonies to award punitive damages if your employer was grossly or criminally negligent in retaliating against you. Although these damages are usually not guaranteed, you can recover substantially if the court grants them. However, you must demonstrate that your boss was malicious, fraudulent, or oppressive.
Emotional Distress
Your attorney can also help you recover damages for your pain, suffering, and emotional distress. Although this is non-economic damage, the court can grant your claim if you explain how much you have suffered due to unlawful retaliation. Your attorney can explain the psychological effects you ensured, including stress, depression, and sleeplessness, to compel the judge to grant these damages. However, you must support your claim with evidence of suffering, like a medical report.
Retaliation lawsuits are very unique. Thus, it is challenging to tell how much compensation you can recover. However, hiring a competent retaliation attorney and gathering irrefutable evidence can improve your chances of recovering damages. Your attorney can also call eyewitnesses to give a detailed account of your actions, your employer’s actions, and how the retaliation affected you.
How to File a Retaliation Lawsuit
Filing a retaliation claim can be complex. However, a skilled attorney can help you navigate all court processes successfully. They will also advise you about the requirements and timelines within which you must take action against an unfair employer.
Thus, your first step would be to hire a competent attorney. Let your attorney review your case to determine whether you have a viable case. They will also advise you about your options and the best strategies to improve your success.
The next step would be to gather evidence and prepare your case. Your attorney will help you understand the kind of evidence you need. They will obtain documents, interview witnesses, and obtain expert reports to strengthen your claim. Once everything is ready, you will file your case in court.
The judge will call a hearing to review your evidence and your employer’s defense before making the final decision. If you have a strong case, and the judge grants your claim, your employer will compensate you for all the damages the court grants.
Find a Competent Sexual Harassment Attorney Near Me
The fear of retaliation is the reason why many employees in California are afraid of standing up for their rights or seeking justice. However, you are protected by retaliation laws and can fight for compensation for damages incurred through unlawful retaliation. We can help you understand how retaliation works, if your case is viable, and your legal options at Sexual Harassment Attorney. We can also gather and prepare evidence to file a successful retaliation claim against your employer. Call us at 800-905-1856 to learn more about retaliation and our services.
