If you believe that your rights have been violated and you were subject to harassment or discrimination at work, you have the right to file a charge with the Equal Employment Opportunity Commission (EEOC). Your employer is not allowed to retaliate against you for filing any sort of claim when you feel that your rights were violated. The California Labor Law Employment Attorneys Group makes sure that justice gets served when employers violate the rights of their employees.
Employees have certain rights in the workplace which are protected under both federal and state laws which cannot be violated. Employers that do violate the law and infringe upon their employees’ rights open themselves up to a potential lawsuit. There are federal and state laws which prohibit employers from discriminating or harassing their employees based on protected characteristics which were discriminated against for centuries in the United States – characteristics which, to this day in 2017, are still being discriminated against. Civil Rights heroes and heroines forced Congress to act and make laws which made it unlawful for employers to treat those classes of people unfairly or differently than any other in the workplace. Employers whose rights are violated have the right to file a claim with the EEOC and are protected against any discipline from their employer, no matter the outcome of the charge. (I.e., even if the claim made against the employer is not deemed legitimate, the employer cannot retaliate.)
If your employer has discriminated and harassed you, your rights have been violated, and you have the right to file a lawsuit against your employer and collect damages for your troubles. The California Labor Law Employment Attorneys Group is here to ensure that you get the maximum compensation which is available to you. We help people whose rights were violated every single day and help answer questions regarding any future steps which are legally available to them. Examples of such questions include:
- Can my boss demote me because I filed an EEOC claim
- Can my employer cut my hours because I filed a charge with the EEOC?
- I filed a complaint with the EEOC, and my boss lowered my salary. Can he legally do that? Can I sue the company?
- Can I sue my employer if he reduced my pay because I filed a charge with the EEOC?
- Can I file a discrimination lawsuit against my boss if he did not give me my bonuses in retaliation for an EEOC claim?
- Can I file a lawsuit against my employer if he forced to go on furlough because I complained to the EEOC?
If your rights were disciplined because you filed a charge with the EEOC, you have the right to file yet another claim against your employer.
What Is Retaliation?
Retaliation in the workplace occurs when an employer wrongfully disciplines or punishes an employee for engaging in an activity which is legally protected. Retaliation can include any sort of punishment that negatively affects an employee, like demotion, salary reduction, negatively reviewing the employee, or firing that employee.
Filing a claim with a government agency to investigate possible workplace discrimination and harassment is considered a legally protected action, and so employers cannot retaliate against you just because you filed a charge against them. For example, if you were not given the promotion because of your race, you were discriminated against and have the right to file a charge with the EEOC – the employment government agency which enforces anti-discrimination laws. Your employer finds out that you filed this claim and then fires you because of it. This is retaliation for a protected legal activity, and so you can file yet another claim against your employer for firing you because you exercised your right as an employee in the United States.
When Is Retaliation Considered Unlawful?
Federal laws do not allow employers to lawfully retaliate against employees if they file a complaint for discrimination or harassment. Before filing a lawsuit for discrimination, employees must first file a charge with the EEOC. The act of filing a charge with the EEOC is a protected act to which all employee have a right.
Employers are not allowed to discipline their employees because they filed a charge. Whether the charge is proven true or untrue, the employer is not allowed to punish the employee. Employers are also not allowed to discipline employees who speak against the employer in an interview conducted by the agency or a lawyer.
How Do I Prove I Was Retaliated Against?
In order to prove you were retaliated against, the evidence which you provide must prove that your employer’s discipline towards you was because of your claim against them. There are two kinds of ways you can go about this. The first way is to have “direct evidence,” but this evidence is rare. In order to prove your retaliation case through direct evidence, your employer must implicitly state that he is firing you because you filed a claim with the EEOC. Direct evidence is hard to come by because most employers are aware of the anti-retaliation laws which exist.
In this case, you must prove your case through circumstantial evidence. In order to prove that you were retaliated against, you must show that the following three conditions apply to you:
- You engaged in protected activity, e.g., you filed a claim with the EEOC because you were discriminated or harassed for a characteristic which is protected under federal and state laws;
- Your employer took action against you, e.g., that your employer fired you, or took other negative action against your employment status. It is not considered retaliation if your employer doesn’t treat you as friendly as he used to; it’s only retaliation if the effect has negative consequences on your employment status;
- There is a causal link between you and your employer’s action, e.g., if your employer fired you a day after you filed the charge against the EEOC, it is pretty easy for the courts to draw the line and come to a conclusion.
The California Labor Law Employment Attorneys Group is here to ensure that you get the maximum amount of damages to which you are rightfully entitled. If you believe that you were wrongfully terminated because you filed a claim with the EEOC, you have the right to file another lawsuit for wrongful termination. The California Labor Law Employment Attorneys Group offers free consultation and the zero-fee guarantee. That means that there is no financial obligation or financial risk on your part! If we do not prove your case, you do not pay for our services. Contact us to see what we can do for you.