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Palmdale Retaliation Lawyer

Every employee is entitled to safe and secure working conditions according to California law. Unfortunately, some employers act in ways that threaten their employees’ safety, even when the employees’ actions are protected by retaliation law. To understand your legal options after facing retaliation, consider working with a Palmdale retaliation lawyer.

Individual Solutions

The attorneys at Nosrati Law, A Professional Corporation, are dedicated to many different types of employment law. Our Palmdale retaliation lawyer & law firm understands how difficult it can be to fight back against an employer’s poor treatment of their employees and help our clients every step of the way.

We operate on a contingency fee basis, which means that we are compensated through your winnings instead of you owing significant out-of-pocket costs. To see how a passionate employment lawyer can help your case, schedule a free consultation with Nosrati Law, A Professional Corporation.

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What Is Employee Retaliation?

There are some actions an employee can take that are protected by California’s anti-retaliation laws, including:

  • Reporting a company’s law violations
  • Reporting workplace harassment or discrimination
  • Requesting reasonable accommodations

Even if an employer does not fire an employee for engaging in these behaviors, they can still discriminate against them in a way that is considered retaliation. While there is no exhaustive list of every action that could be considered retaliation, here are some general characteristics to help you identify acts of retaliation from your employer:

  • Excessive Responsibilities: One of the most popular actions of retaliation is the employer making the employee’s life more difficult. This could be done by assigning them additional shifts or making them work during unpopular times. Excluding you from important resources or information by not including you in relevant meetings can also be considered retaliation.
  • Random Disciplinary Actions: Employers sometimes give their employees written warnings that are inaccurate or false to give them a reason to fire the employee in the future. Employers engaging in retaliation can often create write-ups of events that occurred before the employee engaged in the protected action.
  • Timing of Actions: If an employer suddenly changes the way they are treating you shortly after you engage in a protected action, it is more likely for those actions to be a result of retaliation. This is especially true if the reasons they give for acting this way are incorrect or misleading.
  • Breaking Policy: Many companies have a policy outlining the fair treatment of all of their employees. Employers engaging in retaliation often use this policy in an unbalanced manner and overly discipline some employees while leaving others to engage in improper behavior.

If you notice unusual actions from your employer after attempting to request accommodations or engaging in whistleblower activity, it might be worth looking into filing a retaliation complaint with the California Labor Commissioner’s Office.

The Retaliation Claim Process

If you suspect that you are a victim of retaliation, here are some steps you can take with an attorney to help you seek justice:

  1. File a Claim: The first step is to file a retaliation claim with the Labor Commissioner’s Office. This step usually requires the claimant to provide evidence of the retaliation, including emails, write-ups, or other examples of retaliation.
  2. Investigation: If the government decides that you have sufficient evidence for a retaliation case, they can hold an investigation. This process might include contacting others at your workplace or asking you to submit additional documents.
  3. Settlement: During the investigation process and usually before a hearing takes place, the employer might reach out and attempt to settle the claim out of court.
  4. Hearing: Once the investigation process is finished, the court can schedule a date for a hearing. During this event, both you and your employer have the opportunity to present your views on the situation.
  5. Determination: If a settlement is not reached by this point, the court can make a decision on whether or not the employer retaliated against you or not. They can require the employer to do things like rehire you or pay back wages you lost.

Why Do I Need an Attorney?

In some circumstances, workplace retaliation claims result in court cases. To make sure you have sufficient evidence for your case, it is important to work with an employment law attorney. They can help recover damages for things like lost wages and pain and suffering. Even if your case does not make it to court, an attorney can also help you negotiate a settlement payout that compensates you for your experiences.

FAQs

Q: How Do You Prove Retaliation in California?

A: To prove that an employer retaliated against you in California, you must prove that you were engaging in a protected activity and that the employer took action against you because of it. You must also prove that the actions the employer committed were a result of the protected actions you took as an employee. Protected actions include things like filing discrimination or harassment complaints or being involved in investigations against potential discrimination.

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

A: California has several laws in place that allow employees to accuse their employer of retaliation. This also applies to job applicants and former employees. To begin this process in Palmdale, CA, the individual who believes they are a victim of retaliation would file a retaliation complaint with the California Labor Commissioner’s Office. Based on the strength of the complaint, the victim might receive a settlement from the company or a determination from the government.

Q: What Is the Statute of Limitations for Retaliation in California?

A: Most employment claims in Palmdale have a statute of limitations of two years. This means an individual who believes that they experienced retaliation, discrimination, breach of contract, or wrongful termination has two years from when the incident occurred to file a complaint. In some specific circumstances, this time limit is extended to give both parties more time to reach a satisfactory settlement agreement.

Q: How Does California Law Define Retaliation?

A: California law prevents employers from acting against them for participating in certain activities, including reporting harassment, discrimination, or law violations and requesting reasonable accommodations. An employee can be retaliated against without being fired. Acts of retaliation under California law usually involve being treated differently from other employees. This includes assigning you more work or less favorable work or preventing your promotion.

Find Peace of Mind with Nosrati Law, APC

The last thing any employee wants is to feel threatened while at work. Depending on the specifics of your case, you might be entitled to compensation as a result of retaliation. Schedule a consultation with Nosrati Law, A Professional Corporation, to review your options and determine your next steps.

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