How To Respond To Workplace Retaliation
No one should have to worry about their employer retaliating against them. Unfortunately, retaliatory behaviors are not uncommon in California workplaces, and they happen for a variety of reasons. In some cases, retaliation occurs as a result of discrimination. In other cases, retaliation happens when an employee speaks up about unlawful or unsafe workplace conditions and/or violations.
At Licata & Yeremenko, A Professional Law Corporation, we are standing by to help if you need a California workplace retaliation attorney. Our team has a track record of success helping employees in the Los Angeles, Ventura, Riverside, and San Bernardino County areas. Let us stand up for your rights today.
Understanding Retaliation In The California Workplace
Both federal and state laws provide protections for employees when it comes to retaliatory conduct on the part of their employer. Employers are not allowed to retaliate against workers who seek to protect their legal rights, report employment law violations, or go to court to serve as a witness against their employer.
Retaliation in the workplace can arise in various ways.
- Discrimination claims: An employer cannot retaliate against an employee for filing a legitimate complaint or lawsuit against the company, including lawsuits that allege discriminatory conduct or harassment.
- FLSA/Labor Code claims: Under the Fair Labor Standards Act and the California Labor Code, employees are entitled to receive minimum wage as well as required overtime pay. Employees cannot be retaliated against for claiming their rights to be paid proper wages.
- Whistleblower cases: If an employee reports their employer for not respecting labor laws or other types of violations, they will typically be protected under state and federal whistleblower acts. Additionally, if fraud is reported against the federal government, an employee can seek protection under the False Claims Act.
- Workers’ compensation issues: Nearly every employee in California has the right to workers’ compensation and other benefits under the terms of their employment. Retaliation against workers who receive or seek these benefits is unlawful.
- Forming or joining a union: Employers cannot retaliate against workers for participating in lawful union activities.
Signs That Retaliation Has Occurred In Your Workplace
Often, the signs of workplace retaliation are obvious. Perhaps the most blatant form of retaliation is the termination of an employee after they seek to ensure their rights are upheld. However, there are other times when retaliation is more subtle and harder to identify. Some other signs that an employer could be retaliating against a worker include the following:
- Increased workload
- Less desirable shift assignments or a transfer
- Being excluded from meetings or correspondence
- Denial of a promotion or raise
- Unwarranted disciplinary actions
- Receiving negative performance reviews after a string of positive reviews
- Being denied access to training and resources
Contact Our California Workplace Retaliation Attorneys Today
If you or a loved one have been unlawfully retaliated against in the workplace, you can count on the team at Licata & Yeremenko, A Professional Law Corporation to help you.
Our California workplace retaliation attorneys have extensive experience handling complex employment law cases, and we know what it takes to investigate these claims in order to determine liability. Our goal is to help our clients get the compensation and justice to which they are entitled. Call us at 818-783-5757 or contact us through our website.