Retaliation Lawyer in Los Angeles
Retaliation Is a Separate & Powerful Right
Every claim by the employee against the employer stated in this web site
can be linked to a separate action for retaliation. For example, an employee
makes a claim for
sexual harassment. In order to prove this claim, the employee must prove that the sexual
harassment was sexual, severe, and pervasive, creating a change in the
terms of employment. This requires substantial proof. When the employee
brings the claim and the employer refuses to act on the complaint and
instead demotes or terminates the employee the employee has a separate
claim for retaliation.
In order to prove the claim for retaliation, the employee need only prove
that the sexual harassment complaint was made in a good faith and it has
a reasonable basis, even if the underline claim cannot be proven to be
severe and pervasive. It is not an unusual that an experienced employment
lawyer may lose on the sexual harassment claim and win the retaliation claim.
What Is Workplace Retaliation?
Laws in the state of California protect you from workplace retaliation.
This means actions that your employer takes to punish you for exercising
your rights. You need to know the evidence of workplace retaliation and
what your rights are. If you think that your employer acted out against
you for a protected action, speak with a lawyer. You have rights.
Examples of workplace retaliation may include:
- Giving you more work
- Demoting you without reason
- Terminating your employment
- Disciplinary actions
- Poor performance reviews
- Excluding you from important advancing opportunities
- Using oppressive speech
- Reducing your salary
- Reassigning you to a lesser position, job, or project
Damages for Retaliation
damage for retaliation will be the same as if you won the original sexual harassment
claim. That is loss of earnings, emotional distress, medical expenses,
punitive damages and legal fees.
Do Workplace Retaliation Laws Apply to Me?
In the state of California, workplace retaliation laws apply to employees
who are under regular contracts as well as employs who are employed “at
will.” Speak with an attorney about your specific case. If your
employer has retaliated against you, you could be able to receive compensation.
Damages you may be entitled to could include:
- Emotional damages
- Punitive damages
- Loss of benefits
- Loss of wages
If you were harassed due to race,
sexual orientation, or other protected characteristics, and you reported the harassment,
it is illegal for your boss to act against you in any way that detrimentally
impacts your employment. Your employer may also retaliate against you
for “blowing the whistle” on illegal activities taking place
at the company.
Know the Signs of Workplace Retaliation
Retaliation may be overt, but in most situations it is subtle. Discrimination
or retaliation is not always evidenced by concrete actions such as harassment,
demotion, or firing. Sometimes, discrimination may be evidenced in less
overt ways, such as by exclusion from opportunities and denial of benefits,
raises, opportunities, promotions, additional training, outside networking
opportunities, and so on.
If you feel something is wrong, act on it. You can speak with an attorney
from our firm about your rights under California worker retaliation laws.
Harvard Lawyer Fighting against Workplace Retaliation
Employment Attorney Alan Burton Newman has been successful in recovering
millions of dollars for employees as a result of retaliation. He has been
a passionate and aggressive advocate for employee rights for more than
30 years, and he has faced hundreds of companies, including ABC Television,
Walmart, Inc., and Kaiser Permanente; no company is large enough to intimidate
him. If you've been the victim of retaliation after filing a complaint
for discrimination or harassment, Alan Burton Newman, PLC, wants to be
in your corner.
Contact us today for your
and learn how we can help you seek justice!