Federal and state protections against workplace discrimination, sexual harassment, and other illegal actions taken by employers would not do much good if an employer could retaliate against an employee for reporting the prohibited behavior.

Employees should be able to bring their concerns to their employer without fear of retaliation.

Most people are aware that the law protects them against workplace discrimination. However, not many people understand that the law also protects them from retaliation. Retaliation occurs when an employer harasses or punishes an employee for making workplace discrimination complaints or aiding in workplace harassment investigations.

The punishment may involve demoting or firing the employee, transfer or promotion denial, salary reduction, or job reassignment. Sometimes the retaliation can be direct or indirect. Below is an overview of everything you need to know about workplace retaliation.

Protecting Employees from Workplace Retaliation

At Limonjyan Law Group, our retaliation lawyer is dedicated to protecting the rights of employees and will hold employers accountable for workplace retaliation.

If you believe that you have been punished for opposing illegal conduct at work, call our offices at (213) 277-7444.

Did You Experience Retaliation at Work During the COVID-19 Pandemic?

Many things changed when COVID-19 began to spread across the world. You may have lost your employment or faced another consequence at work during this time, but could it have been due to retaliation?

With such a large focus on safety at work from basic procedures to the availability of employer-provided personal protective equipment (PPE), there are many things your employer could have done wrong during this time. Whistleblowers who point out deficiencies in the health and safety conditions at work are protected by federal law from retaliation of any kind from their employer.

That means you should not have experienced any kind of mistreatment or consequence at work for bringing up concerns about the lack of cleaning supplies, PPE, use of masks, social distancing, or any other health and safety concern related to the COVID-19 pandemic

If you spoke up about a health or safety issue at work and were fired, had your hours cut, or were otherwise reprimanded as a result, reach out to our retaliation lawyer for assistance!

What Does Employer Retaliation Look Like?

Workplace retaliation can take many forms, including:

  • Pay cuts
  • Demotions
  • Termination
  • Other conduct designed to make employees uncomfortable about reporting prohibited behavior
  • Participating or aiding in a workplace harassment investigation
  • Resisting sexual advances
  • Inquiry about other workers’ salary information to reveal discriminatory wages
  • Communicating with a manager or co-workers about employment discrimination
  • Requesting for reasonable accommodations

However, it is essential to understand that employers are free to punish their employees, provided retaliatory or discriminatory motives do not guide them. This means that proving retaliation against your employer may not be a straightforward task.

Employees should feel that they can complain about discrimination and harassment without facing punishment from their employer. Workplace protections also extend to whistleblowers who report on fraudulent or other illegal actions carried out by people in positions of authority. If an adverse action has been taken against you for asserting your rights as an employee, it is important to seek advice from a skilled lawyer as soon as possible.

What’s the Difference Between Retaliation and Whistleblowing? 

Whistleblowing and retaliation, while discussed interchangeably in some situations, are not the same thing. If you’re accused of being a whistleblower, your employer is insinuating that you made claims or complaints about unlawful activities of the company as a whole. As a whistleblower, you might face retaliation for reporting the company’s wrongdoing. 

Retaliation refers to when an employee makes a personal claim against their employer for things like, speaking up against sexual harassment or being correctly compensated for overtime or other work-related obligations.

What are the Signs of Unlawful Retaliatory Behavior? 

There are many things to look out for when trying to understand whether or not your employer is engaging in retaliatory behavior against you. If you’ve recently made a claim against your employer, and you now find yourself being excluded from meetings, important announcements about work, demoted, or, in the worst cases, fired, you might be a victim of workplace retaliation. If you have a suspicion of workplace retaliation, speaking to an experienced attorney can be extremely helpful. 

It’s important to understand that while it can be extremely frustrating, having an employer be less friendly or engaging with you after you made claims against them is not grounds for suspicion of retaliation.

Is Workplace Retaliation Illegal?

All retaliation is illegal in the state of California. Relaliation is any negative consequence against an employee with actions such as sexual harassment and racial discrimination. If this happens, an employee may file a wrongful termination/retaliation lawsuit to compensate for their lost wages or damages they may have endured.

If you have been laid off, demoted, your wages were cut or been discriminated against, the workplace retaliation attorneys at Limonjyan Law Group are here to help you receive the compensation you deserve. Call us today for a consultation!

What Activities Are Protected by Law? 

As an employee, you have the right to make a harassment or discrimination claim in the workplace to the Equal Employment Opportunity Commission, the Securities and Exchange Commission, and any other federal agencies. Even if the things you report turn out to be untrue, as long as they were made in good faith, your legal rights will be upheld. 

In addition to reporting any wrongdoings by your employer, you should also be able to report any workers’ compensation claims without fear of retaliation from your employer. 

What are the Different Kinds of Retaliation Claims? 

While there are many different types of retaliation your employer could show against you, there are some that are most common. 

  • Wage and Hour Retaliation 
  • Workers’ Compensation Retaliation 
  • Public Employees and First Amendment Rights Retaliation
  • Political Activity Retaliation 

However, there are other ways you might feel as though you’re being retaliated against by your employer. If you’re being retaliated against, reach out to Limonjyan Law Group.

Proving Employment Retaliation

Sometimes it is hard to prove whether your employer retaliated against you. For instance, if you complain about harassment in the organization, you may notice a change in your employer’s attitude. If the change does not affect how he or she relates with you professionally, you cannot deem that as workplace retaliation. Retaliation involves changes that may threaten your employment status.

If something negative happened after you made the complaint, such as termination, you might have a good reason to file an employment retaliation complaint. For example, you can file a complaint if your employer demotes you or fires you shortly after reporting an incident of sexual harassment to human resources.

If you believe your employer retaliated against you, you should consider consulting an employment attorney. The lawyers at Limonjyan Law Group will evaluate different aspects of the case by collecting evidence of the retaliation and the harm it caused.

What to do If You Suspect Workplace Retaliation

If you suspect retaliation at your workplace, you should first consult your organization’s human resource department. This way, you can verify whether your employer has a legitimate reason for his or her actions. For instance, a demotion could be linked to performance issues.

However, if the employer cannot give a reasonable explanation, it is time to fight for your rights. You have the right to report the issue to the Equal Employment Opportunity Commission (EEOC) with the help of your employment attorney.

How Limonjyan Law Group Can Help You

Have you suffered any illegal retaliation at your job? You have options and you can take legal action against the person/company. Employers are restricted from retaliation against employees complaints.

These cases can become complex, that is why it is in your best interest to speak to an experienced retaliation attorney at Limonjyan Law Group as soon as possible. Our attorney will work with you to make sure you know your options and gather the evidence needed to establish your case. We are dedicated to protecting the rights of employees, contact us today.

Contact Our Employer Retaliation Attorneys Today

If you believe your employer subjected you to retaliation, you need to consider contacting an employment lawyer. At Limonjyan Law Group, we have a team of attorneys who will examine your case and determine the amount of compensation you should recover. Contact us now to learn more about how we can help you handle your retaliation case.

We help hold employers accountable for their illegal actions while protecting the rights of workers throughout Southern California. To schedule a free initial consultation with our retaliation attorney, call us at (213) 277-7444. You may also contact us online and we will respond to your message promptly. In addition to English, we speak Spanish, Russian, and Armenian.