The workplace is one of the most common places where discrimination occurs. In 2017, over...
All employees working in Los Angeles and throughout the U.S. are protected against any form or type of employment and labor law violation. This includes wrongful termination and even constructive dismissal. Therefore, there is nothing wrong with obtaining or pursuing your employment and labor law rights with the help of a lawyer. Your employer cannot demote you or harass you just because you are fighting for your rights or claiming your rightful benefits that are dictated by federal and state laws in California. Any succeeding adverse actions by your employer against you would be uncalled for and should be reported, as it may be a case of retaliation.
Employers also cannot retaliate or harass employees for helping government agencies during investigations into their wrongful conduct or illegal activities. If your employer retaliates or treats you poorly or unjustly for engaging in whistleblowing activity, then your employer can even be made liable for whistle blowing acts.
In any of the foregoing, you should seek damages against your employer by negotiating your claims against the latter or by filing a case with the proper government agency or the courts of law. Your best chance to make sure that your employer does not escape liability and obtain maximum compensation is to seek legal help from expert los angeles workplace harassment lawyers with experience in handling retaliation cases.
Not all lawyers are adept in handling retaliation claims against employers—especially those who have the resources to deny their dastardly acts. Mesriani Law Group’s expert workplace retaliation attorneys in Los Angeles have vast experience and a wealth of resources to help them make sure that you have a fighting chance at negotiations or to ensure that your claims are expertly litigated in court. Our team guarantees you that we will fight for your rights until the end.
How to Pursue Your Employment Retaliation Claims?
Employment retaliation activities are dastardly acts perpetrated by employers who think that they can get away with anything just because they have authority over their employees. Employers retaliate against their employees due to a number of reasons, including the employee’s act of pursuing their legally mandated leaves, asking for rightful wage and hour benefits, and even on account of the employee’s right to file claims against the employer for any violation of employment laws.
Reasons Why Most Employment Retaliations Are Not Reported
Employment discrimination, including retaliation and harassment, happens every day. However, they are almost always not reported for a number of reasons:
- Lack of knowledge of employees of their employment and labor law rights;
- Lack of resources to file claims against their employers; or
- Fear of being retaliated against or even wrongfully terminated.
If you file a complaint against your employer on account of illegal acts or wrongdoing committed by your employer, know that you are protected by law from being harassed or retaliated against. This is covered by whistleblowing laws, which protects employees who engage in legally protected activities from being retaliated against by their employers.
Therefore, if after filing a complaint against your employer or after helping the proper authorities in their investigation against your employer, you are in turn harassed by your employer or treated poorly, then your employer is guilty of Labor Code retaliation.
How Employment Retaliation Manifests at Work
Almost any acts constituting a violation of your employment and labor rights could be tantamount to employment retaliation. Actually, it is the intent of the employer, which can be proven by the timing of the harassing acts, that determines if you are being retaliated against.
Even if you are not sure if you are a victim of retaliation, the acts themselves constitute any number of violations of employment and labor laws, which you have a right to seek reparation for. If you sense any form of the following, then you have a right to seek damages:
- Violation of labor law rights; or
- Constructive discharge
Employment Retaliation Damages to Be Covered
You have a right to seek damages against your employer for the following:
- Unpaid wages, including overtime, commissions and bonuses;
- Failure to provide a meal and/or rest period in accordance with the applicable Industrial Welfare Commission Order;
- Liquidated damages for failure to receive minimum wage for each hour worked;
- Pain and suffering; and
- Punitive damages, if the employer is found to have acted with gross disregard of your welfare.
All the foregoing, however, can only be claimed if you are successful in going after your employer, and this can only happen if you seek professional legal help. If you don’t know how to prove retaliation in the workplace, do not try to negotiate your claims on your own. Mesriani Law Group has some of the best employment retaliation and employment discrimination lawyers in Los Angeles, so don’t hesitate to seek our help to get the maximum compensation you deserve in the swiftest possible time.