The law provides relief when an employee is subject to retaliation in the workplace. Retaliation occurs when an employer takes some negative action against an employee (e.g., termination, demotion, harassment, etc.) because the employee engaged in a Protected activity.
Examples of a protected activity that can lead to a retaliation claim include: reporting illegal conduct, “whistleblowing,” reporting discrimination, reporting sexual harassment, refusing to engage in an illegal activity, and more.
If you feel you have been wrongfully punished, mistreated, or discriminated against at work after filing a complaint/report or refusing to do something you thought was illegal, you may have a case for retaliation. It is important to contact a Los Angeles employment litigator immediately to evaluate your case.
Why Choose Us?
Sparrow Law Group is here to help with any potential retaliation claims, and our experience in employment law will allow us to put together a winning strategy for your case. As California’s premier employment law firm, our attorneys will communicate directly with you to understand every detail of your situation. We treat each and every client like family, and we know what it takes to win. If you are ready to have a trusted ally in your corner to help you navigate through this process, contact us today.
What Is Retaliation?
Retaliation occurs when an employee suffers an adverse employment action as a result of participating in a legally protected activity. To fully understand retaliation, you really need to go to the next level of detail. This includes understanding what constitutes a “protected activity” as well as what types of adverse employment actions may occur.
Protected activities include many activities in which an employee has a right to engage. Some of these activities include reporting fraud or other illegal activity, filing a wage complaint, reporting harassment, filing a discrimination or harassment suit, or even participating in jury duty. Adverse employment actions that may be considered retaliation can be obvious, like firing an employee, giving them a demotion, or openly reprimanding them. However, some adverse actions may be more subtle. These may include increasing an employee’s workload, forcing an employee to move offices, forcing time off, refusing to allow participation in certain employee programs, and many more. Remember that all forms of retaliation are illegal, and you should talk to a Los Angeles hostile work environment attorney if you believe you are the victim of retaliation.
Proving A Retaliation Claim
As with most employment law issues, the burden of proof is on you to prove your case when you bring a claim for retaliation. However, recent changes to California law make proving your case a little easier. These changes now create a rebuttable presumption of retaliation in the employee’s favor if the employee is disciplined or discharged within 90 days of participating in a protected activity (California SB 497). If the employee proves participation in the protected activity and proves the occurrence of the employer’s adverse action within 90 days, the burden then shifts to the employer to prove a legitimate, non-retaliatory reason for their actions.
When it comes to evidence, more is usually better. You should keep a detailed log of all potentially retaliatory interactions. Note the date, time, parties involved, and details of each interaction. Similarly, keep copies of any official disciplinary write-ups, letters, or memos. Finally, keep names and contact information for all potential witnesses, especially when the adverse action might not be so obvious.
Penalties And Damages For Retaliation
If an employer is found to have committed a retaliation violation, the plaintiff may be awarded monetary damages. These damages might include lost wages or back pay, especially when a demotion occurred or a promotion was denied. Damages can also include compensation for emotional distress that arises from the mistreatment in the workplace. An employee may also be able to recover compensation for the harm that occurred to their professional reputation. Finally, California law allows for civil penalties of up to $10,000 for each occurrence payable to the employee.
Schedule A Free Consultation
No employee should be retaliated against at work for doing what they thought was right. The law provides protection for employees in these situations, and you should not have to worry about the potential consequences of doing the right thing. If you believe you are a victim of retaliation in your employment, the team at Sparrow Law Group can help. Contact us online or call us at (310) 708-6439.