Los Angeles Workplace Retaliation Lawyer

Facing retaliation in the workplace is a distressing experience that no one should have to go through. If you believe you have been the target of retaliation, you have legal protections under state law. Employers may not retaliate against employees for engaging in legally protected activities. Doing so can give rise to a retaliation claim.

Call a Los Angeles workplace retaliation lawyer to discuss the circumstances of your case and see how our experienced employment attorneys could help you with your claim. At Levin & Nalbandyan Trial Lawyers, we have decades of experience and will fight for you to receive the compensation you deserve.

What is Workplace Retaliation?

Workplace retaliation is a popular form of discrimination; it happens when an employer takes adverse action against an employee or treats them negatively for engaging in a legally protected activity. Adverse actions could include things like being demoted, fired, or denied a promotion, having hours reduced, being scheduled for undesirable or difficult shifts, receiving harder assignments, or other negative treatment.

Employees are protected from these adverse actions for participating in activities like:

• Reporting discrimination or harassment
• Filing workers’ compensation claims
• Filing a wage violation claim
• Requesting time off for civic duties like jury duty or voting
• Whistleblowing about illegal activities or unsafe working conditions
• Exercising family and medical leave rights
• Requesting reasonable disability accommodations
• Refusing to participate in illegal or unethical business practices

Employees should never be afraid to do the right thing like reporting harassment or illegal activities or to utilize legal resources available to them such as worker’s compensation or eligible leave. Our attorneys in Los Angeles could help you protect your rights as an employee after experiencing workplace retaliation.

Taking adverse employment actions is one of the most common ways that employers punish workers for reporting. Some employers may also attempt to subtly intimidate employees or create a hostile work environment. These unwelcome acts could include unwarranted negative performance reviews, micromanagement, or sudden changes in job duties, teams, or shifts. 

For example, an employee reports their supervisor for making inappropriate comments to a coworker. One week after filing the complaint, they are reassigned to the least desirable shift, their previously approved vacation time is revoked, and they receive a negative performance review. These employer actions constitute workplace retaliation because the employer took several actions against the worker after they decided to speak up about the inappropriate conduct. 

Governing Laws Prohibiting Retaliation

A number of state laws provide legal protections against retaliation. Our Los Angeles lawyers are experienced and knowledgeable about the following laws related to workplace retaliation.

The California Fair Employment and Housing Act (FEHA) prohibits employers from retaliating against employees who report discrimination, harassment, or retaliation. Most employers are covered by this law, as both public and private employers must abide by it if they have at least five employees.

California Labor Code § 1102.5 protects employees who report illegal conduct or unsafe working conditions. For example, if a worker witnesses the employer committing fraud and reports the illegal conduct, the employer may not fire them or take any other negative action because they asserted their right to make a report.

California Family Rights Act (CFRA) is a state law that mirrors the federal Family and Medical Leave Act (FMLA). The law protects an employee’s right to take up to 12 weeks of leave for reasons like a personal medical issue or to care for a family member. An employer may not retaliate against an employee for taking qualified leave.

Also, the federal Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit retaliation. These statutes include Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). A worker may be able to file claims with both state and federal agencies if the case involves federal law violations. 

What to Do if You Face Workplace Retaliation

If you suspect you are facing retaliation at work, it is important to act promptly in order to protect your rights. First, documenting everything can help. Keep a detailed record of anything that happens that demonstrates retaliation at work. This could include dates, times, witnesses, emails, memos, or other proof that shows a change in how you were treated after you engaged in a protected activity like reporting misconduct. 

The next step is to report the retaliation internally. Use the employer’s formal complaint process that might be found in an employee handbook. If it is not clear what the process is, the human resources department should be able to direct you. Such a report should be made in writing as a way to document this step. 

If reporting the problem within the company does not lead to a resolution of the issue, a worker may file a complaint with the California Civil Rights Department (CRD) or the EEOC, depending on the specifics of the retaliation. Contact a Los Angeles attorney who is experienced with workplace retaliation, as they could help assess the strength of your claim, advise on reporting the illegal conduct, and prepare and file formal complaints. A lawyer could also ensure that all deadlines are met. 

After being subjected to retaliation, an individual may be tempted to return the retaliation or respond with heightened emotion. However, it is important to remain professional and composed throughout the entire process. This can help to demonstrate credibility as the case goes on.

What Kinds of Damages Can I Recover in a Retaliation Lawsuit?

Retaliation can cause financial and emotional strain. An employer that unlawfully retaliates against someone may be liable for covering several types of damages, such as:

• Back pay, front pay, lost benefits
• Loss of future earnings if the retaliation damages career prospects or earning potential
• Emotional distress, including anxiety, stress, humiliation, or loss of reputation
• Legal expenses
• Reinstatement or promotion in cases where someone was wrongfully demoted or terminated
• Punitive damages in cases where the employer’s conduct was especially malicious. 

Contact a Retaliation Claims Attorney for Help

If you believe you have been the victim of workplace retaliation, do not wait to seek legal help. Whether you experienced retaliation through discrimination or harassment, due to filing a workers’ compensation claim, exercising eligible leave, or whistleblowing, reach out to a Los Angeles workplace retaliation lawyer for a consultation.

At Levin & Nalbandyan Trial Lawyers, we are committed to fighting for worker’s rights. Our lawyers could help determine whether your rights have been violated in your workplace, gather evidence to build a strong case, file a formal complaint with a state or federal government agency, and negotiate or litigate on your behalf. Seeking justice for unlawful retaliation could result in holding your employer accountable for their actions and recovering the compensation you deserve.