As an employee, you should be aware of all the various ways that you can be targeted by your employer. It is not uncommon at all to face repercussions if you acted in a way that the employer does not agree with, especially if it is outside of the specific scope of employment. For example, some workers may speak out about immoral business practices while others may file complaints concerning sexual harassment at the job. There is the possibility that these occurrences, if brought to light, will greatly impact the company, which the owners do not want. As a result, you may be targeted and retaliated against at work. Our law firm, the California Labor Law Employment Attorneys Group, has provided 6 examples of workplace retaliation for your to consider. These examples will offer a few insights as to why they are considered retaliatory and what you should do to fight back. If you need legal help from a qualified Los Angeles employment law firm, contact our offices for more assistance.
Laws Concerning Retaliation
It is illegal for your employer to retaliate against you for whistle blowing, reporting harassment, reporting an unsavory practice, taking leave, filing a complaint regarding wages, and more. Essentially, if your employer exacts revenge on you because you wanted to change something at the workplace or because you felt unfairly treated, he is likely in violation of unfair retaliation.
Many employers feature at-will employment, which means that they can terminate you for any reason provided that reason is lawful. By the same token, you can leave the job for any reason. If there are contracts in place that prevent you from being fired, you may have extra protection if there is evidence of retaliation.
Several Federal rulings protect you from retaliation based on your age, sex, color, race, and more. Such acts include the Civil Rights Act, the Age Discrimination Act, the Americans with Disabilities Act, the Pregnancy Discrimination Act, and more. Further, certain states may offer more protections than others do.
6 Examples of Workplace Retaliation
Some employees may not be aware of the ways in which they can be retaliated against. It is important that you familiarize yourself with some of these common occurrences. In some cases, you may have been abused at work to such an extent that it does not even seem like retaliation but a normal event. It is important that you recognize these wrongdoings and do what needs to be done.
- Schedule changes: It is not uncommon for some employers to schedule their workers for days or times that do not fit their needs in an attempt to get back at them. They may also purposely reduce hours or give fewer shifts to try and force you to resign. If you are in need of money, it can be extremely difficult to deal with constantly changing shifts or not getting the hours you need.
- Reassignment: You may have been employed to complete certain duties or to fill a specific position. If your employer moves you to another position without your consent or any training, you could be getting retaliated against. They may also move you to another location entirely, which could amp up your travel costs and cause you to lose money and time.
- Hostility: Your boss may be openly hostile to you at work, which could entail making disparaging remarks, ignoring you, lying about you to coworkers, criticizing all of your performances, and more.
- Blocked promotions and benefits: You may be due for promotions, benefits, and raises, but your boss could deny them on some grounds that you were not qualified or that the company could not afford it. This could very easily be retaliation, especially if you notice other coworkers getting the perks that you were denied.
- Blacklisted or reviewed poorly: You may be given poor performance reviews, which could easily impact your future job search if your employer has any influence over similar jobs and could give you poor references.
- Termination: Wrongful termination can also be a result of retaliation, but your employer will likely mask it as something else, such as downsizing or layoffs. You may find it difficult to collect evidence if you have been wrongfully terminated, as you will not have access to coworkers, HR, and other key sources.
There are, of course, many other ways that you can suffer retaliation at work. If you feel as though you are being targeted, it can be in your favor to contact a workplace retaliation attorney in Los Angeles.
What To Do If You Suffered Retaliation
It’s important to note that you must be able to show a link between the retaliatory treatment you received and some actions by your employer that would be considered unfair. Simply being reassigned in and of itself is not evidence of retaliation, but if it was done immediately after you voiced a concern about your current situation, it may be a red flag. If you were a victim of retaliation at work, you should follow these steps to ensure that you are adequately protected and have ample evidence for your claim.
Firstly, you should speak out against the retaliation by talking to your manager. This can sometimes be enough to curb the mistreatment, but not always.
You should then document as much of the retaliation as you can, whether by recording emails, getting statements from coworkers, and more. This can be done by showing a link between the past and the present. For example, if you have proof of lies told through emails, you could show that your employer is simply acting in a way that benefits him.
You can report the retaliation to Human Resources to see if they can conduct any investigation to help you. However, HR works for the company and will do all it can to preserve their integrity. You may be told that there is nothing they can do, only to be released later on for a different reason.
If you believe that the retaliation was discrimination-based or for another similar reason, you can file a claim through the EEOC. This will alert them to the misgivings you have and can open up the potential for further investigation. You can still file a claim through the EEOC for any feelings of retaliation, though.
Lastly, if you do not know where else to turn, you should speak with an employment attorney at the California Labor Law Employment Attorneys Group. We are here to help you, whether it’s by providing you with the information you need or to walk you through the legal process. Don’t hesitate to call us for more details.
Statute of Limitations to File a Retaliation Claim
The statute of limitations to file a retaliation claim can vary depending on the type of retaliation or discrimination you suffer. In most situations, the time limit is 300 days from the incident, but it can be as short as 180 days or as long as two or more years. It is important that you file a claim with the EEOC very quickly and then proceed to speak with an attorney. A lawyer will be able to give you the correct deadline and will ensure that your documents are all filed on time.
Restitution from a Lawsuit for Workplace Retaliation
As a victim of retaliation, you should be given the fairest treatment possible and receive the maximum compensation available under the law. Our attorneys will work to bring you a settlement or verdict that will include the wages you lost out on because of the retaliation, whether from missed commissions and bonuses or reduced hours. You can also receive pain and suffering damages that cover the emotional trauma and psychological damages that stemmed from the retaliation.
If you were terminated as a form of retaliation, we can also work to get you reinstated at your job. However, many individuals elect not to take this option, as there is a chance that the retaliation and mistreatment will continue to occur because of the result of the lawsuit.
Our goal is to make sure you are covered after your employer mistreated you. Talk with our lawyers today to receive more information.
Choosing the Best Firm for You
The California Labor Law Employment Attorneys Group can provide you with a skilled workplace retaliation lawyer who can litigate your claim for you. We have spent years handling discrimination and retaliation claims, and our attorneys know the most successful routes to winning your lawsuit. We have recovered millions of dollars for our clients and done our fair share to improve the conditions of workplaces for employees. Our team is aggressive and will always pursue your fair settlement, and we are willing to go to court if we need to.
Reach out to us today for a free legal consultation with one of our attorneys. All of our case details and personal information will be kept totally private. We are available around the clock to answer your calls. During the consultation, we can give you more info about the law and what we think your case is worth. We will also inform you about our zero fee guarantee, which promises that we won’t receive any payment at all from you throughout the case; we only get our fees covered if we win, and if we lose, we take no money whatsoever.
Don’t let your employer get away with retaliation in the workplace. Contact the California Labor Law Employment Attorneys Group to take legal action.