Every year, the Equal Employment Opportunity Commission received thousands of claims against employers for illegal acts of retaliation. Keep in mind that many people choose to stay silent, so it’s impossible to say how many workers are suffering on an annual basis. The disturbing trend continues, even though employers are well aware of the laws that exist to prevent retaliatory acts against their workers.
The truth is, far too many employers get away with workplace retaliation, and employees are subjected to demotions, bullying, harassment, termination, and other unlawful treatment, simply for asserting their rights. Our law firm is here to bring justice to victims and ensure that the employer is held accountable for their actions.
We know that filing a complaint or lawsuit is a big decision with major consequences. And it may seem easier to put up with toxic treatment from your employer when you are trying to survive in California, the second most expensive state to live in, according to recent statistics. But not fighting back only emboldens your employer and allows the treatment to continue, until you voluntarily quit, or your health is significantly compromised.
Filing a claim for workplace retaliation is ultimately your decision. However, you risk nothing by meeting with us for a free consultation and seeing what options are available to you. Damages that may be recovered in these lawsuits include back and front pay, job reinstatement, costs associated with seeking new employment, emotional suffering, and damage to your professional reputation.
What is Workplace Retaliation?
Workplace retaliation is a term that refers to adverse treatment of an employee for asserting their rights under state and federal laws or taking parts in a legally protected activity. For example, an employer can do things to punish an employee for filing a complaint with a government agency. Other examples of legally protected activities include:
Going to HR about discriminatory comments / actions from your supervisor or co-worker
Requesting disability or pregnancy accommodations that are reasonable, based on the employer’s resources and what you do at your job
Giving information to an attorney or public agency about illegal activities in the workplace
Being a witness in a trial, complaint, or investigation of the employer
Termination is a common example of retaliation, meaning that the employer fires you or makes conditions at work so unbearable, to the point where are forced to quit (constructive discharge). But there are other examples of retaliation by an employer based on California and federal laws. In this article, we will cover 6 examples of workplace retaliation.
1. Harassment
Harassment can include a wide variety of acts, such as written and verbal threats, poor performance evaluations that are unjustified, increased surveillance on the employee, and creating or contributing to a toxic work environment. This category of retaliation also includes sexual harassment, like unwanted touching and solicitations for sexual favors in exchange for a promotion, pay raise, not firing the employee, etc.
In order to sue the employer, the victim must prove that the treatment is based on a protected characteristic, like gender, disability, religion, race, and sexual orientation.
2. Criminal Acts
Though employers generally avoid criminal acts of retaliation, some people are unfortunately subjected to acts, such as theft, vandalism, or physical / sexual assault. Alternatively, the employer may contact he police and accuse the employee of criminal acts in order to “send a message” or justify a termination of employment.
3. Post-Employment Retaliation
This refers to acts of retaliation that take place after you are fired or hand in your resignation. Sadly, some employers engage in harmful tactics, like giving bad references when you look for other jobs. If you can show that the allegations are untrue or unfounded, you may have grounds for a workplace retaliations lawsuit.
Another form of retaliation can happen with the new employer if they find out that you have a current workplace violation complaint against your former employer. It is illegal for an employer to rescind a job offer because you have a pending legal action against a former employer.
4. Exclusion
This is a passive-aggressive form of retaliation where the employer deliberately excludes the employee from work functions, like training sessions, meetings, and social gatherings. It’s important to note that the exclusion must have a tangible, material impact on the individual’s job performance. For example, a worker may have cause to file a lawsuit if the exclusion cost them opportunities to grow and advance to higher positions in the company.
5. Pay Cut / Reduced Hours
Pay cuts hurt employees in many ways, and there are cases where reducing a worker’s salary or hours may be justified. However, employers cannot use pay cuts to punish the worker for asserting their rights. For example, a worker who has not received a raise in several years may ask the employer for a monthly increase to meet the cost of living. Upon being refused, the employee tells her story to a local newspaper, which results in public criticism of the employer. Shortly after, the worker is told that her pay is cut by $1,000 a month, even though her work performance has not changed and no one else at the job got a pay cut.
6. Demotion
Employees may find themselves reassigned to a lower position after they file a complaint or do something else which is within their rights under current employment laws. In some cases, the worker may be reassigned to another location that causes significant disruptions in their life, and this is done on purpose as a form of retaliation.
We are Here to Help
Workplace retaliation can be aggressive or subtle, and those who are victimized may feel that there is nowhere to turn. Our lawyers are here for you day and night, and we are more than ready to hear your story and help you explore the available legal options.
With decades of experience in labor law violation claims, we know how to build a strong and compelling case and obtain high settlement on behalf of our clients. The process begins with a free consultation, so you can learn for yourself about the ways we can assist you.
All clients of California Labor Employment Attorneys Group receive the Zero Fee Guarantee. At no point will you pay out of pocket for legal expenses, which are obtained from the party you are suing. Our payment is only issued if you are compensated from a successful employer retaliation complaint. Thus, you lose absolutely nothing in the event we fail to resolve the case in your favor.
Please get in touch if you have any questions or concerns about retaliation and other unlawful treatment from your employer.
