Riverside Workplace Retaliation Lawyer
Fear is an incredibly powerful force, and it is what truly drives workplace retaliation. While there may be an underlying element of vengefulness, the ultimate reason that those who hold positions of power in a workplace engage in retaliatory behavior is to harness the fear of negative consequences to stop employees from filing complaints or grievances.
If you live or work in or around the Riverside, California, area and believe that you have been the victim of retaliation, you don’t have to face down these fear tactics alone. When you reach out to the award-winning law firm of Rizio Lipinsky, you’ll have an experienced workplace retaliation attorney as an ally.
What Is Workplace Retaliation?
An employee does not forfeit their rights when they enter their workplace. The law prohibits an employer from retaliating against employees who engage in protected activities. How does workplace retaliation work? First, an employee takes part in a protected activity like filing a discrimination complaint. Then, their employer reacts by making a change that impacts their job in a negative, materially adverse way. If those changes would deter or discourage a reasonable person from making or pursuing a complaint, then the employer’s behavior constitutes retaliation.
While participating in a protected activity may be an inciting event in a retaliation case, the outcome of that participation generally has little bearing on the validity of a retaliation case. It doesn’t matter if any charges made in the initial complaint are deemed to be true or false. If an employer retaliates against the employee who brought the complaint, they have broken the law. This is because anti-retaliation laws are designed to protect an employee’s right to complain or otherwise bring attention to inappropriate or illegal behavior in the workplace.
What Constitutes a Protected Activity?
Anti-retaliation laws are designed to preserve an employee’s right to engage in protected activities. What types of activities fall under this label? Several actions are considered protected activities:
- Filing an internal or external complaint or a lawsuit.
- Serving as a witness in a complaint or lawsuit.
- Reporting discrimination concerns to a supervisor or manager.
- Participating in an internal or external investigation of discrimination or harassment.
- Refusing unwanted sexual advances or intervening to protect others.
- Declining to follow orders that would produce a discriminatory result.
- Requesting accommodations because of a disability or religious practice.
Examples of Workplace Retaliation
What does workplace retaliation look like? If an employer does any of the following after an employee participates in a protected activity, there may be cause for concern regarding retaliation:
- Passes over the employee for a pay raise or promotion.
- Demotes the employee or transfers them to a less desirable position or shift.
- Cuts the employee’s hours or pay.
- Puts the employee under increased scrutiny.
- Delivers an undeservedly negative performance review.
- Excludes the employee from workplace activities.
- Denies or limits the employee’s access to professional or training opportunities.
- Engages in verbal or physical harassment or abuse.
- Engages in intimidation tactics like threatening to report or reporting an employee to the authorities.
- Punishes an employee by spreading false rumors or treating those close to them negatively.
- Terminates the employee.
- Interferes with the employee’s ability to seek new employment.
Workplace Retaliation Statistics
Sadly, workplace retaliation is a real problem:
- More than 41,000 charges of retaliation were filed with the U.S. Equal Employment Opportunity Commission in the 2017 fiscal year.
- Nearly 49 percent of all claims filed with the EEOC during this period included allegations of retaliation.
- In California, 50.7 percent of all EEOC claims included allegations of retaliation.
- Nationwide, retaliation has accounted for the most significant percentage of EEOC discrimination claims since 2010. More claims involve retaliation than race, sex, disability or age discrimination.
Do I Need to Hire a Workplace Retaliation Lawyer?
To protect yourself and stand up against the injustice of unlawful retaliatory behavior, it’s smart to hire a workplace retaliation attorney. Proving retaliation can be tricky. It’s not enough to show that you engaged in a protected activity and that your employer acted in a way that adversely affected you. You must also demonstrate that there is a causal link. In other words, you must prove that the employer’s action was a reaction to your activity. Since most employers won’t admit to acting in a retaliatory manner, the timing of the adverse action and the awareness of the person taking that action are key. A lack of other reasonable explanations for the employer’s behavior can add weight to a retaliation claim.
An employment lawyer with experience handling retaliation claims can evaluate the strength of your case and help you take steps to protect yourself as your work to resolve the situation. Some procedures must be followed, and deadlines that must be met, and a lawyer can help you hit these marks. Whether it involves gathering needed evidence, determining what compensation you are owed, negotiating with your employer or bringing a lawsuit, a knowledgeable retaliation lawyer can be an effective advocate.
Workplace retaliation can threaten your livelihood, your reputation, and your future. It can leave you feeling isolated, alone and powerless. You aren’t. If you are ready to assert your rights, reach out to Rizio Lipinsky. We firmly believe that discrimination, harassment, and retaliation have no place in the workplace, so we fight aggressively on behalf of workers who have fallen victim to these unlawful behaviors. When it comes to cases involving employee rights, we have a strong record of victories, and our team is ready to fight for you. Contact our Riverside office today to request a 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.