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Glendale Retaliation Lawyer

Retaliation in employment law occurs when an employer retaliates against an employee by taking an adverse action against them. This is done in response to an employee’s legal action, such as whistleblowing, taking medical leave in good faith, or filing a workers’ compensation claim. Although an employer cannot legally retaliate against an employee, this doesn’t prevent it from happening. Many employers engage in retaliation, and it can cause employees to lose their job or deal with a hostile work environment. If this is your situation as a Glendale, CA, employee, you have the right to pursue compensation.

Nosratilaw, A Professional Law Corporation: Your Employment Law Attorneys

Workplace retaliation is unacceptable, and it’s essential that employers face accountability. At Nosratilaw, A Professional Law Corporation, we strive to hold employers responsible for retaliation and protect the rights and interests of those who have dealt with harassment and retaliation. Our team has more than 20 years of combined experience representing employees in employment law cases, including retaliation. We can help you understand your legal options so that you can make informed decisions. We want to help you defend your employee rights.

Glendale Retaliation Lawyer

Understanding Retaliation in the Workplace

Workplace retaliation exists when an employer takes an adverse action that harms an employee’s job in some way because of a legal action the employee took. Adverse employment actions include:

  • Hostile Work Environment: This includes physical and verbal abuse, harassment, and sexual harassment.
  • Decrease in Pay: This may also include a decrease in hours or benefits.
  • Wrongful Termination: California has at-will employment, but firing cannot be for an illegal reason such as retaliation or discrimination.
  • Forced to Quit: If your workplace is so unpleasant that you are forced to quit, this may also be considered wrongful termination.

Other forms of retaliation can include:

  • Demotion or suspension
  • Less desirable job duties or job positions
  • Being passed over for rightfully earned promotions
  • Unfair performance reviews
  • Exclusion from staff meetings

These actions may be the result of a discriminatory bias, or they may be considered retaliation if they occurred after specific situations. Retaliation may happen if an employee:

  • Files a claim or a complaint with an employer or agency regarding harassment, discrimination, or even a workplace injury.
  • Takes allowed and good-faith medical leave, such as Family and Medical Leave Act (FMLA) protected leave.
  • Refuses to participate in illegal activities.
  • Requests a reasonable accommodation for a disability to do their job.
  • Reports illegal activity in the workplace, such as fraud.
  • Provides testimony or otherwise participates in an investigation against their employer.

If you experienced an adverse employment reaction after these or similar legal actions, you may be a victim of retaliation. You want to speak to an attorney about the legal recourse available to you.

Do I Need a Glendale Retaliation Attorney?

Retaliation laws in California are complex, and it’s easier to navigate them with a legal professional. If you have suffered financially because of retaliation, know that you can gain compensation through a workplace retaliation claim. At Nosratilaw, A Professional Law Corporation, if we don’t recover damages for your claim, we don’t charge you fees. You can feel confident in navigating the legal system and regaining the lost wages and other forms of compensation you deserve.

An attorney can help you determine if your retaliation claim is valid so that you know whether pursuing compensation is in your interests. Your attorney can also determine what forms of compensation you should receive and investigate your claims of retaliation. With that evidence, and an estimate of your damages, your retaliation lawyer can negotiate a settlement on your behalf, or they can file a claim and represent you in court if a fair settlement can’t be reached. Working with an attorney takes significant stress off your shoulders.

Proving Retaliation in the Workplace

In a retaliation claim, you must prove the following:

  • You took an action or engaged in an activity that was legal and protected.
  • You suffered an adverse action in the workplace.
  • The adverse action was the result of, or is connected to, your protected action.

Common evidence used to prove these reactions and their connections to your protected actions can include:

  • Performance reviews
  • Statements from your employer
  • Witness testimony from coworkers or friends and family
  • Internal communications and emails
  • Documentation

These are some examples of what can be used to prove workplace retaliation, but an attorney can help you determine what else is useful for your unique situation and help you obtain that evidence.

FAQs

Q: Do I Need an Attorney to File a Retaliation Claim?

A: An attorney is not required to file a retaliation claim. An employment retaliation attorney can make the process faster and easier while ensuring that you file before strict legal deadlines. An attorney can also ensure that your case has the necessary evidence and is constructed to give you the greatest chance of approval. This can save you from having to file again because of a mistake during your initial claim.

Q: What Makes a Strong Retaliation or Discrimination Case?

A: Retaliation claims are strengthened by good evidence. Direct evidence is the strongest evidence in a retaliation case. For example, an employer directly emailing you to say that you can’t take good-faith medical leave or file a complaint for discrimination without facing retaliatory action is exceptionally strong direct evidence. If an employer has a history of retaliation claims or discrimination complaints, this can also make your case stronger. Indirect evidence can also help prove retaliation.

Q: Where Do I File a Retaliation Claim in California?

A: A retaliation complaint is filed with the California Labor Commissioner. Retaliation complaints need to be filed within 6 months of the most recent act of retaliation. The complaint must be filed within 1 year if the retaliation is done in response to:

  • An employee taking leave to recover, find safety, or obtain relief from domestic violence, sexual assault, or stalking.
  • An employer becoming aware of an employee suffering from domestic violence, sexual assault, or stalking.
  • An employer refusing to provide workplace accommodations for the safety of an employee suffering from domestic violence, sexual assault, or stalking.

Q: Is Retaliation Legal in California?

A: Retaliation in the workplace is illegal under state and federal law. Employers are not allowed to take any adverse employment actions, such as demotion or wrongful termination, if the employee engages in certain protected and legal actions. This includes filing a complaint for discrimination or reporting illegal behavior.

Work With a Glendale Employment Lawyer

Contact Nosratilaw, A Professional Law Corporation, today if you believe you’ve suffered from workplace retaliation. Our attorneys want to help you gain compensation for your damages.

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