Orange County Workplace Retaliation Lawyer
State and federal laws protect Orange County employees from discrimination and harassment. In addition, these laws protect employees from workplace retaliation intended to punish them for reporting discrimination and harassment or for participating in certain protected activities. However, even with these laws in place, many employers attempt to get away with illegally seeking revenge against workers. In such situations, a workplace retaliation lawyer could help an employee utilize his or her rights and obtain justice.
What is workplace retaliation?
In general, workplace retaliation is defined as an employer punishing an employee for engaging in a legally protected activity. This retaliation can take many forms, including firing, demotion, denial of a pay raise, unfavorable reassignments, and bullying. Some types of retaliation, such as job termination, are obvious, but other forms can be subtle and harder to detect. For example, transferring an employee to another location is not generally an objectionable action. However, transferring a single parent to a distant office branch could create hardship at home. If it is determined that an employer purposely put through such a transfer to punish the employee for engaging in a protected activity, it could be deemed illegal.
What are protected activities?
Federal law prohibits employers from retaliating against employees or job applicants for reporting incidents of discrimination and harassment. These protections cover both employees who file complaints within a company and those who file a complaint with an outside agency, such as the U.S. Equal Employment Opportunity Commission, known as the EEOC. Further, federal law prohibits employers from punishing employees who cooperate with an EEOC investigation or are called as witnesses for such investigations. Federal law also prohibits employers from taking retaliatory action against employees who act as “whistleblowers” and those who take leave under the Family and Medical Leave Act.
In addition to federal protections, Orange County employees are also shielded by state protections. California law prohibits employers from retaliating against employees for reporting illegal conduct, refusing to participate in illegal conduct, reporting fraud, filing discrimination or harassment lawsuits, reporting discrimination or harassment incidents or filing a wage claim with the California Labor Commissioner. It also forbids employers from retaliating against employees who assist other employees with a protected lawsuit or complaint.
Here are examples of protected employee activities:
- Filing a discrimination or harassment claim with the EEOC or other agencies
- Being a witness in an EEOC complaint or investigation
- Answering questions during an employer investigation
- Acting as a whistleblower to illegal workplace activities
- Refusing to commit unlawful acts at work
- Resisting sexual advances
- Requesting accommodation for a disability or religious practice
- Taking leave under the Family and Medical Leave Act
- Reporting hour and wage violations
- Taking time off to vote or serve on a jury
Employees who have questions about protected activities could learn more by consulting with a workplace retaliation attorney.
Examples of workplace retaliation
It can sometimes be difficult for employees to determine whether their employer is retaliating against them. However, when an employee participates in a protected activity and is suddenly treated negatively at work, there is good reason to suspect he or she is being subjected to workplace retaliation.
Here are some typical examples of workplace retaliation:
- Being transferred to a less-favorable location or given a less-favorable job assignment
- Being passed over for a promotion or wage increase
- Being shunned by superiors and co-workers or being excluded from workplace meetings or activities
- Being placed under increased scrutiny
- Being subjected to threats, including threats to call the police or report immigration status to authorities
- Having hours or salary cut
- Being harassed or bullied by superiors or co-workers
- Being terminated from employment
Employees who experience any of the above scenarios could contact a workplace retaliation attorney for advice. The attorney could carefully review the situation and help determine if an employer has broken the law.
Workplace retaliation statistics
According to the EEOC, which is the federal agency that handles workplace discrimination complaints, retaliation claims are on the rise. In fact, in 2017, there were 41,097 workplace retaliation charges filed across the nation. These charges accounted for 48.8 percent of all allegations received by the EEOC.
Do I need to hire a workplace retaliation lawyer?
Employees who suspect they are victims of workplace retaliation should consider contacting an Orange County workplace relation attorney for help. An attorney could explain how to gather strong evidence linking an employee’s complaint, or other protected action, and the employer’s ensuing vengeful behavior. Legal counsel could also help determine how strong an employee’s case is and what types of compensation he or she may be owed. Contact us today to start your free consultation.
- This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.
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A Review of Rizio Lipinsky
Workplace Retaliation Lawyer
I was the victim of harassment at my place of work, based on my same sex relationship and my status as a gay male. I was taunted, called names, humiliated in front of co-workers by my supervisors and manager. When I told my H.R rep and district H.R they did nothing. The last straw was when my H.R and supervisor started telling the general workforce about my sexual status and if they've ever seen me in any lude acts. That's when I took legal acting against the company. Daren was recommend to me by a friend, so i looked him up and read his profile. I was looking for a lawyer who had experience in labor relations, sexual harassment and harassment based on sexual orientation and he fit the bill.
From our first meeting, he made me feel comfortable discussing the full details of what was happening to me at work. He took notes and kept me composed during every meeting we had. He gave me realistic time frames for what was to come moving forward. Standing up to my harassers was not easy but Daren assured me that I was making things better for myself and others.
Fast forward several months.... Litigation time. He prepared me about the environment we were about to enter. I was extremely nervous and excited at the same time. I wanted to tell the "Big Brown company" I have worked for and still do what they've done to me and how wrong they were to treat me and many others like me that way. So they had the TEAM of lawyers and the district H.R manger on one side and Daren and I on the other. Daren's words were sharp, clear and to the point. To make a long story short, we came to a very fare settlement. I did not loose any wages and still had my job which I've held for 17 yrs.
In the end I left really good for what I've done and I owe it all to Daren, for taking my case, knowing the law and caring for peoples rights in today's society.