Every claim by the employee against the employer stated in this website 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.
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:
The 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.
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:
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.
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 LA employment attorney from our firm about your rights under California worker retaliation laws.
Los Angles 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 free consultation and learn how we can help you seek justice!
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