Los Angeles Workplace Retaliation Lawyer

Los Angeles Workplace Retaliation Attorney

When employer retaliation results in your firing or you suffer harassment on the job, the experienced employment law attorneys who aggressively advocate for your rights can be found at the Law Offices of Reisner & King LLP. Each Los Angeles workplace retaliation lawyer from our firm is prepared to take on your case.

Since 1999, Adam Reisner has partnered with Tessa King and their team of skilled employment lawyers to right the wrongs done to workers in the Los Angeles area and throughout the state — in cases of retaliation, whistleblower activity, harassment, discrimination and wrongful termination.

Were you retaliated against by a business owner, supervisor or co-worker for reporting an illegal or unethical practice in the workplace? Did your employer punish you in some way — with a demotion, firing or reassignment — for taking family and medical leave.

Call us at 818-981-0901 for a free consultation. We will listen to you and act on what we learn, swiftly and decisively, in and out of court.

Lawyers Handling Employer Retaliation Cases Throughout California

Employees have been known to suffer retaliation tactics by an employer for reporting or complaining about:

• Discrimination on the basis of race, age, gender, religion, national origin, political affiliation, pregnancy, disability and other reasons
• Harassment, most notably physical, verbal and visual sexual harassment on the job
• A work accident causing an injury, and the filing of a workers’ compensation claim
• Lack of accommodations for a health condition or disability
• Underpayment, delayed payment or nonpayment of wages and overtime compensation
• Attempts to use pregnancy and family leave benefits guaranteed by law
• Complaints of unlawful activity, including unsafe workplace, fraud, failure to pay wages, and obtaining legal representation

Why Do I Need a Workplace Retaliation Attorney?

While many retaliation claims are filed, many of them are rejected due to a lack of evidence. An attorney can help you determine what evidence to collect and how to report it in a complaint. The more evidence you have to support harassment or retaliation, the higher the likelihood that your case will be accepted by the Civil Rights Department.

If your case is not accepted by the CRD, you can still file a claim directly against your employer in a court of law. If your employer addresses your allegations with their own legal team, then it makes sense to respond with an attorney as well. Their knowledge of employment law can help you avoid common issues in legal trials so that you can receive compensation for your damages.

How Do I Know I’m Being Retaliated Against?

Certain events, like losing your job, can be quite obvious indicators of retaliation, but other actions are more subtle. There are some common actions that employers use to retaliate against employees, including:

• Being Fired: This is a common form of retaliation. It’s assumed that an employer who fires an employee within a certain time frame of the employee performing a protected action is retaliating.
• Unfair Performance Evaluations: Sometimes, an employee with a positive work record starts receiving poor evaluations despite little change in performance. These evaluations can increase the likelihood of an employee getting demoted or fired, even if they do not deserve it.
• Changes to Work Schedule: This might seem like a minor issue, but individuals with transportation issues or other commitments like childcare might have significant problems with changes in work schedules. This also applies to changes in where the work is performed.
• Job Transfers: While not every transfer is an example of retaliation, many times, transfers are done to place the employee in a less satisfactory job or give the employee worse tasks to retaliate against them.
• Promotion Denials: Denying an employee a promotion or a pay increase might be a form of retaliation, depending on the context of the situation. This is especially true if it happens suddenly or immediately after an employee files a claim.
• Harassment: If harassment gets worse after an employee files a claim, it might be directly due to retaliation. This includes comments, threats, or more overt actions like excessive micromanaging. If the goal is to discourage any employee from speaking out against their employer, it might be considered retaliation.

What Do I Do if I’m Experiencing Retaliation?

Employees experiencing retaliation have several choices to make. One of the first steps to take regarding retaliation is to ask your employer or human resources department about the employer’s actions. There could be a reasonable explanation for why they are treating you differently, which is unrelated to a claim about violating employment law.

If an employer cannot effectively answer your questions, it might be time to file a claim with the Civil Rights Department. With enough evidence, they might be able to help you file a formal complaint and offer mediation to effectively resolve the conflict. Before filing a complaint, it is important to consult an attorney to make sure your employer is eligible for a CRD claim and that you have enough evidence to prove it.

To prove that retaliation occurred, the employee must be able to prove that they witnessed or experienced a violation of employment law in the form of discrimination or harassment. The instance of discrimination or harassment does not have to have actually happened, but the employee must have been truly convinced that it did.

Due to this event, you must have also taken action to address the suspected illegal activity. In order for it to be considered retaliation, an employer must then take negative action as a direct result of those actions. You also have to be negatively affected at the same time. All of these elements can be difficult to prove simultaneously.

Free Consultation With An Attorney

If a superior’s retaliation against you has resulted in a hostile work environment you can no longer tolerate, call the Law Offices of Reisner & King LLP today at 818-981-0901. Your email message receives our prompt response.

FAQs

Q: What Should I Ask for in a Retaliation Settlement?

A: What you should ask for in a retaliation settlement depends on the context surrounding your case. The severity of the retaliation impacts how much you might be entitled to in a settlement. The duration of the retaliation and the impact it had on your wages and well-being also play a role in how much a settlement might be. To learn about how much your retaliation case might be worth, contact an employment attorney.

Q: Can I Sue My Employer for Retaliation in California?

A: In order to sue an employer for retaliation in Los Angeles, you can receive a right-to-sue letter from California’s Civil Rights Department. After you file a complaint with the CRD, they will either attempt to intervene by providing mediation services and issuing a formal complaint or refuse to take on your case. If the case is refused or mediation is unsuccessful, you can also get a right-to-sue letter.

Q: What Makes a Strong Retaliation Case?

A: In order to make a strong retaliation case, an employee has to connect their actions against their employer with acts of retaliation. The connection could be related to timing, items mentioned in emails, or other forms of correspondence. Other witnesses who saw the behavior might also be helpful when trying to prove retaliatory acts. For more information on how to strengthen your retaliation case, contact a retaliation attorney.

Q: Are Retaliation Claims Rare in California?

A: While retaliation claims are still somewhat rare in California, they have been increasing in recent years. Many individuals who have experienced workplace violations are scared to report them in fear of retaliation. Recent legislation has helped employees file retaliation cases by presuming employers are retaliating if they fire an employee within three months of them performing a protected action.

Learn About Your Options

Don’t let a large company intimidate you from reporting illegal activity in your workplace. An attorney can offer guidance on how you should address concerns about an employer retaliating against you. For more information on your claim, contact the Law Offices of Reisner & King LLP for a consultation today.