Retaliation

Workers are protected in many ways throughout the state of California. Many laws detail that an employer is not allowed to steal wages, engage in sexual harassment, discriminate, wrongfully terminate, or otherwise abuse their employees. These laws are generally straightforward and protect workers’ rights.

Another way that workers’ rights are protected is through retaliation laws. This set of laws states that a worker cannot be punished for exercising their rights. This ensures not only that an employee feels safe and secure at work but also that they will not be punished in the aftermath for vocalizing concerns or needs

Types Of Retaliation

Employers can retaliate against workers in a number of ways, none of which are acceptable. In many cases, an employer may be inspired to retaliate after a worker has held them accountable for their actions or stopped them from doing something illegal that was beneficial to them. In all cases, retaliatory actions on behalf of the employer are illegal and not tolerated. These are some types of retaliation to watch for.

Medical Leave Retaliation

Employees have the right to take time off of work for medical reasons. This can occur in several ways, including paid sick time, short-term disability, time off for surgery, and more. However, if the employee is met with repercussions for taking law-protected time off, the employer can be charged with retaliation.

FMLA Leave Retaliation

Federal law allows for up to three months off per year under the Family Medical Leave Act. There are certain criteria that must be met in order to take this time off. If the criteria are met and the employer harangues or otherwise abuses the employee as a result, they are committing unlawful retaliation

Harassment Reporting Retaliation

If you are a victim of any sort of harassment in the workplace, you are protected for reporting it. This means that if your employer attempts to reduce your hours, dock your pay, demote, fire, or relocate you after the case has settled, you may be able to charge them with retaliation. You should not suffer any unjust negative consequences for upholding the law and fighting for your right to a safe workplace.

After Reporting Illegal Activity

In some cases, employees are in a position to report illegal activity within their workplace. This often takes place in the form of fraud, and you are protected if you take steps to report it. Even if nothing comes of the case, your employer is not allowed to retaliate against you for trying to uphold the law.

Forms Of Retaliation

For any of the above situations, there are several ways in which an employer may retaliate against their employee. Some of these forms of retaliation are overt, but some are more subtle and harder to catch. No matter what, it is important to remember that your employer does not have the right to begin to treat you in a negative manner because you did something that you were perfectly within your rights to do. Retaliation can appear in any of the following forms.

Firing

It is unlawful for your employer to fire you as the result of a legal activity on your part. Being fired is one of the most obvious signs of retaliation from your employer, as it demonstrates a concrete action that was taken against you. This type of firing is called wrongful termination. If you would like to learn more about this topic and what you can do, visit our in-depth page about wrongful termination.

Withholding Opportunities

Another way in which an employee may retaliate is by leaving you out of opportunities at work. This could take the form of a job promotion, an invitation to a meeting, valuable information, a pay increase, and more. Many employees who face retaliation find that they are no longer being considered in the same way that they once were in the office and may lose out on advancement opportunities due to retaliation.

Reducing or Docking Pay

If your employer attempts to take away pay after you reported an incident or otherwise upheld your rights, it is a direct sign that retaliatory action is being taken against you. Wages are not to be tampered with, and if your boss attempts to do so for no reason other than to punish you, you have grounds to seek justice.

Hiring Legal Representation

In cases of retaliation, it is essential that you have an experienced attorney on your side to represent you in court. Because retaliation often occurs as a result of you reporting wrongdoing or defending your rights, your attorney may be able to fight against several levels of maltreatment by your company. Retaliation is a very serious matter in the eyes of the law. If yourcase makes it to litigation, your workplace will likely have a team of attorneys to fight the case. Attempting to defend yourself in this situation will likely only lead to you losing the case and being terminated from your job. The best course of action is to hire a lawyer right away when you suspect that retaliation is occurring.

25 Years of experience and success

If you have been mistreated, discriminated against, stolen from, or otherwise abused by a your employer, take immediate action.

We have been working to defend workers from all over the country in their fight for justice. Too many employers take advantage of their workforce, and we are passionate about ensuring that this practice comes to an end. When you uphold the law and stand up for yourself, you are doing a noble service to the judicial system in this country.

If your employer attempts to punish you forthis nobility, we would be honored to help ensure that you win your case. Whether you are facing retaliation or another kind of employment violation, we can help you seek justice and protect you from further legal harm. However, these cases are time-sensitive. Contact our team today to begin building your case.