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Altadena Employee Retaliation Lawyer

Altadena Employee Retaliation Lawyer

California workers have the right to report sexual harassment, file discrimination claims, and engage in other protected activities without fear of losing their jobs or suffering other adverse actions. If your employer has retaliated against you for taking part in a protected activity, you’ll want to work with an Altadena employee retaliation lawyer from Domb & Rauchwerger.

Our team of employment discrimination lawyers in Altadena can investigate your situation, build a strong case on your behalf, and take action against your employer. We have extensive experience representing employees who’ve been retaliated against in the workplace, so you can rest assured that we have what it takes to obtain the financial remedies you’re owed.

How to Know if You Have Grounds for an Employee Retaliation Claim in Altadena

When you meet with a California employment  discrimination lawyer from our firm to discuss your case, they’ll ask you questions about the treatment you’ve experienced at your job to determine if you have a claim against your employer.

When deciding if you should take action against your employer, our team will assess the following three elements:

  • Whether you participated in a “protected activity”
  • Whether your employer took an adverse employment action against you
  • Whether the adverse action was substantially motivated by the protected activity

If these elements are present, you’ll likely have a strong claim against your employer. That said, if you haven’t filed an employment claim before, you might not be familiar with some of the terms mentioned above. 

Let’s take a closer look at the elements of a retaliation case so you can decide if reaching out to an Altadena employee retaliation attorney is right for you.

Types of Retaliation in the Workplace

Retaliation in the workplace can take many forms, and it’s important to recognize that it’s not always limited to firing an employee. If you’ve participated in a protected activity, such as reporting misconduct or requesting accommodations, your employer may try to retaliate against you in other ways. Some common forms of retaliation include:

  • Job Reassignment: Being moved to a less desirable position, often without a valid reason, can be a form of retaliation.
  • Demotion: Being passed over for a promotion or being downgraded to a lower position, often after engaging in a protected activity, may indicate retaliation.
  • Harassment: Ongoing mistreatment or hostile behavior from coworkers or supervisors can be retaliation for taking part in a protected activity, such as filing a complaint.
  • Reduced Work Hours: Employers may reduce your hours or assign you less critical work, making it harder for you to earn a living or advance in your career.
  • Exclusion from Meetings or Projects: Being deliberately excluded from key meetings or projects that are essential for your career growth could be a retaliatory measure.

How to Document Retaliation at Work

If you suspect retaliation, it’s crucial to keep a detailed record of all retaliatory actions. Documentation is key to building a strong case. Here’s how you can document retaliation effectively:

  • Keep a Journal: Write down dates, times, locations, and descriptions of each retaliatory incident. Include names of people involved and any specific comments or actions.
  • Save Emails and Messages: If you receive any retaliatory emails, texts, or messages, save them as evidence. These can help show a pattern of retaliation.
  • Performance Reviews: If your performance review suddenly becomes negative after a protected activity, make sure to keep a copy of your review and note any unusual feedback.
  • Witness Statements: If coworkers witnessed the retaliation, ask them to document their observations. Having witnesses can help validate your claims.
  • Document Any Formal Actions: If you report the retaliation to HR or another authority, keep records of these reports, including emails and responses.

What to Do If You Are Accused of Retaliation

If you’re an employer or a manager and are accused of retaliation, it’s essential to handle the situation carefully. Here’s what you should know:

  • Understand the Allegations: Take the accusation seriously and investigate the situation thoroughly. Make sure to understand the employee’s perspective and the alleged retaliatory actions.
  • Common Defenses Against Retaliation Claims: Employers often argue that the adverse action was based on legitimate business reasons, such as poor performance or restructuring. It’s crucial to provide evidence supporting these reasons.
  • Consult with an Attorney: Before taking any action, it’s important to consult with an attorney. A legal professional can help you understand the implications of retaliation claims and advise on the best course of action.
  • Avoid Retaliation: Ensure that no further retaliatory actions are taken against the employee. Even seemingly minor actions, such as exclusion from team events, can be seen as retaliation.
  • Train Management: To avoid future retaliation claims, ensure your management team is trained in anti-retaliation policies and understands how to handle complaints without violating the law.

Both employees and employers should understand the legal risks of retaliation and take appropriate steps to protect their rights and prevent further harm.

Protected Activity

Several laws give California employment lawyer the right to engage in certain protected activities without being retaliated against. Some examples of protected activities include, but aren’t limited to, the following:

These are only a few examples of activities that are protected by the law. If you’re unsure whether an activity you took part in is protected or not, an experienced employee retaliation lawyer from our firm can help. They’ll ask you about the activity in question and tell you if you have the right to participate in it without facing adverse action.

Adverse Action

As mentioned above, the law prohibits your employer from taking an adverse action against you because you took part in a protected activity, but what exactly is an adverse action? An adverse action is any action that negatively impacts the terms, privileges, or conditions of your employment. Examples of adverse actions include the following:

  • Firing you
  • Failing to hire you
  • Failing to promote you
  • Reducing your pay or taking benefits away
  • Relieving you of certain duties
  • Issuing a negative performance review

If you’ve been met with one of the above-listed adverse actions after engaging in a protected activity, you may have grounds for a claim. You’ll know for sure that you have a solid case if our Altadena employee retaliation lawyers are able to demonstrate a substantial connection between the protected activity and the adverse action you faced.

Link Between Protected Activity and Adverse Action

Participating in a protected activity, such as requesting protected leave or filing a discrimination claim and subsequently being fired or subjected to another adverse action, does not automatically guarantee success. Each claim must be evaluated on its own merits. To win your case, your lawyer must show that your employer fired you because of the leave you requested or the claim you filed.

To demonstrate the link between a protected activity and the adverse action, our Altadena employee retaliation attorneys will need to demonstrate that your employer knew about the protected activity and that there is some causal connection between your protected activity and the adverse action. 

For example, if you were terminated shortly after you made a protected complaint, it would tend to demonstrate that your termination may have been motivated by your protected complaint. 

Financial Remedies that an Employee Retaliation Attorney From Altadena Can Pursue

If your attorney can gather enough evidence to establish a connection between the protected activity and the adverse action, you could receive compensation. This money would cover both the economic and non-economic losses you’ve suffered due to retaliation.

Depending on how the adverse action you’ve endured has impacted your finances, career, and emotional well-being, you could receive any of the following remedies from a winning claim:

  • Lost wages
  • Other out-of-pocket expenses
  • Emotional distress
  • Punitive damages

Meet With an Employee Retaliation Lawyer from Altadena for Free

Zack Domb & Devin Rauchwerger are former partners from one of the largest employment defense firms in the country. At their previous firm, Domb & Rauchwerger defended Fortune 500 employers from retaliation claims like yours. They know what your employer’s defense strategy will entail and can take decisive measures to combat it.

With our firm on your side, you’ll have the experience and unique legal knowledge you need to file a strong claim against your employer. Contact us today to schedule a free consultation with an Altadena employee retaliation lawyer. If we find you have grounds for a claim, we’ll fight relentlessly to get the outcome you deserve.

Frequently Asked Questions (FAQ)

  • What qualifies as retaliation in the workplace?
    Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity, such as reporting harassment, filing a discrimination claim, or requesting accommodations for a disability. Retaliation can include firing, demotion, job reassignment, reduced work hours, harassment, or exclusion from important meetings or projects.
  • Can an employee be retaliated against for filing a complaint about harassment or discrimination?
    Yes. It is illegal for an employer to retaliate against an employee for filing a complaint about harassment or discrimination. Employees are protected under federal and state laws, such as Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA), from any adverse actions taken because they reported unlawful behavior.
  • How can I prove retaliation at work?
    To prove retaliation, you must show:
    • You engaged in a protected activity (such as filing a complaint or requesting accommodations).
    • You suffered an adverse action (such as being fired, demoted, or harassed).
    • There is a connection between the protected activity and the adverse action, meaning the employer took action because of your involvement in the protected activity.
  • How long do I have to file a retaliation claim?
    In California, you generally have one year from the date the retaliatory action occurred to file a claim with the California Department of Fair Employment and Housing (DFEH). If filing with the Equal Employment Opportunity Commission (EEOC), you have 180 days, which can extend to 300 days if your state has its own laws like California.
  • Can I be retaliated against for requesting a reasonable accommodation?
    No. Under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), employees are protected from retaliation when requesting reasonable accommodations for a disability. If your employer retaliates after a reasonable accommodation request, you may have grounds for a claim.
  • Can retaliation claims be made against coworkers?
    Retaliation claims are typically made against employers, but if a coworker retaliates against you after you report their misconduct or participate in an investigation, your employer may be responsible for addressing the situation. You should report the retaliation to your employer for them to take corrective action.
  • What should I do if I am facing retaliation at work?
    If you believe you are being retaliated against, you should:
    • Document everything (dates, times, actions, and people involved).
    • Report the retaliation to your employer, HR, or an outside agency.
    • Consult with an employment lawyer to understand your rights and consider your legal options.
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