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Under California state and federal law, it is illegal for an employer to retaliate against an employee for reporting or opposing any type of unlawful activity. Any form of negative or adverse action that an employer takes against an employee for engaging in a protected activity can be considered workplace retaliation. Protected activities may include filing a complaint about discrimination, harassment, or unpaid wages.
Although workplace retaliation and discrimination are unlawful, employment cases are not always simple to prove or win. To build the strongest case possible, you will need the best employment lawyers to help you navigate the legal process. Mesriani Law Group is California’s most proven and trusted law firm that have provided superior legal aid to clients for over 20 years. With our resources, experience, and expert knowledge of California labor laws, we guaranteed outstanding legal service that will win your case.
At Mesriani Law Group, we understand that workplace retaliation can not only disrupt and damage your professional career but your personal life as well. We fight to obtain the satisfactory results our clients deserve for their losses so they can start to move forward in their personal and professional lives.
If you believe you have been retaliated against at work for exercising your legal rights, contact Mesriani Law Group to see how we can help. Workplace disputes can be extremely challenging to resolve and often require the help of an experienced employment lawyer to obtain the best results. Contact a Los Angeles workplace retaliation lawyer as soon as possible if you have experienced retaliation, harassment, discrimination, or any type of unlawful behavior at work.
Workplace retaliation is a form of discrimination that is prohibited by the law. When you bring a claim forward and get retaliated against by your employer for doing so, you have the right to file a claim for discrimination or harassment. We can take legal action against your employer and help with the following types of cases:
Even if you have filed a complaint with a state agency or the EEOC, you should still consider hiring your own employment attorney. It is extremely beneficial to have a workplace retaliation attorney by your side to help you navigate the legal process. Your attorney can help you with all aspects of the claims process including:
When seek the help of Mesriani Law Group to represent you in your workplace retaliation case, you can count on us for the following:
As a California worker, you have legal protection against workplace retaliation but exercising those rights can be challenging. Our experienced employment attorneys in Los Angeles are here to fight for your and provide the legal counsel you deserve. Call Mesriani Law Group today to schedule your free consultation and explore your legal options.
If you or someone you love has been a victim of retaliation in the workplace, you want an experienced Los Angeles employment attorney who has a history of successfully handling these types of claims. Mesriani Law Group’s Los Angeles workplace retaliation lawyers guarantee exceptional legal service to our clients and have the successful results to prove it.
Why you should choose Mesriani Law Group for your employment retaliation claim:
No Win No Fee Policy
Mesriani Law Group offers a No Win No Fee guarantee to all our clients, meaning if we don’t win your case you don’t have to pay us anything.
Proven Track Record
Since its establishment in 1996, Mesriani Law Group continues to be among California’s most trusted law firms. We have recovered hundreds of millions of dollars for our clients who have been victims of workplace retaliation.
Experienced Workplace Retaliation Attorneys
Rodney Mesriani and his team of dedicated lawyers have over two decades of experience and outstanding expertise in securing compensation in workplace retaliation claims.
Satisfied Clientele
Mesriani Law Group represents clients from different parts of Southern California and has received the highest ratings by our clients as seen in Yelp, Avvo, and Google.
Multilingual Staff
Our diverse team of attorneys and paralegals also speak Farsi, Spanish, and Tagalog. Effective communication is a big part of the exceptional customer service we provide our clients.
Available 24/7
We are available 24/7 for a phone consultation and if you are not able to visit our office, we are amenable to meet you at your convenience.
Contact our law firm at (866) 500-7070 for a free consultation and learn more about how we can help you with your employment claim.
Employees have the right to report behavior they believe to be discriminatory or harassment at work. If your employer punishes you for engaging in protected activities– which are workplace actions that employees may engage in without fear of retaliation by employers or supervisors, you may file a retaliation claim against your employer. This retaliation is illegal under California law. Examples of protected activities include but are not limited to complaining to a supervisor or human resources department about alleged discrimination, threatening to file a discrimination charge, or refusing to obey a work order that you reasonably believe to be discriminatory.
If an employer takes negative or material adverse action against you for reporting the behavior or filing a complaint, their action may be considered a form of retaliation. An adverse action can take various forms including disciplinary actions or termination. Any type of action that harms the employee’s emotional or mental state or negatively affects the employee’s working conditions including a less desirable job assignment or decrease in pay can also be considered workplace retaliation. Some instances of retaliation are pretty easy to identify including adverse actions such as getting fired or laid off because you reported a supervisor’s inappropriate behavior. However, workplace retaliation can also be more subtle such as getting reassigned to a lower-paying position or making adjustments to your work schedule because you filed a complaint or engaged in a protected activity.
It’s important to note that an employee does not have to formally oppose the perceived harassment or discrimination to engage in a protected activity. As long as you bring up the issue in any way to the attention of your supervisor or human resources department, you are engaging in protected activity. For example, even a casual comment to your human resources representative that you found your manager’s comment to be racially discriminatory could be considered protected activity.
According to the U.S. Equal Employment Opportunity Commission (EEOC), employment retaliation is one of the most alleged bases of discrimination in the workplace. In California, state and federal laws protect employees who assert their workplace rights without getting punished for engaging in a protected activity.
Some examples of activities protected from workplace retaliation include:
Keep in mind in that participation in the complaint process is also protected from retaliation. Additionally, other actions that oppose workplace discrimination are also protected as long as the employee acted in a reasonable manner and believed that something in the workplace may have violated employment laws.
If the action was motivated by non-discriminatory or non-retaliatory reasons, an employer may discipline or even terminate an employee since engaging in protected activity may not necessarily protect an employee from disciplinary charges or discharge. However, our Los Angeles workplace retaliation attorneys often observe that when there has been harassment or discrimination at a workplace, an adverse action taken against an employee who reported, complained, or participated in a complaint process tends to be retaliatory behavior. Employers aren’t allowed to do anything in response to a protected activity that would prevent or discourage a person from complaining or speaking up about future discrimination.
If you have reported or complained about discrimination, harassment, or any other workplace conduct that violated your rights as a California employee, then it’s understanding that you may fear retaliation from your employer. However, you should know that employment retaliation is illegal and there are laws that protect you from these adverse actions.
Some examples that an employer may be engaging in workplace retaliation include:
The examples mentioned above are only some of the ways an employer might retaliation against you for speaking up against discrimination. If you suspect you are a victim of workplace retaliation but are unsure if your employer has retaliated against you, contact our law office for a free consultation. We can help review your situation and provide insight into whether you may have a legal claim against your employer for engaging in workplace retaliation.
Under state and federal labor laws, workplace retaliation is illegal. For example, Title VII of the Civil Rights Act of 1964 prohibits any type of discrimination in the workplace, including retaliation.
Several labor laws prohibit employers from retaliating against an employee in certain situation including when they:
Workplace retaliation can happen in many ways and under various circumstances. There are several different types of retaliation claims including:
California workers are protected from retaliation by state and federal laws. The primary law that protects workers from workplace retaliation is California Labor Code 1102.5 which is a whistleblower protection law. This law prohibits employers from retaliating against employees who:
Other important whistleblower laws that protect California workers include:
Additionally, federal employees are protected from workplace retaliation under the Whistleblower Protection Act (WPA) and the Whistleblower Protection Enhancement Act (WPEA).
In addition to the laws mentioned above, California workers are further protected by the Fair Employment and Housing Act (FEHA) and California False Claims Act.
If you are a victim of employment retaliation, keep in mind that you have legal rights and may be entitled to compensation. To protect your rights, there are several steps you can take to build a case against your employer including:
If your discrimination or harassment issues do not get resolved, filing a workplace retaliation lawsuit against your employer may be your best option to getting the justice and compensation you deserve. At Mesriani Law Group, we accept clients on a contingency basis and don’t charge you anything unless we win your case. Our No Win, No Fee guarantee enables our clients to focus on the issues at hand rather than worrying about having to pay for any upfront legal fees.
The process for filing a workplace retaliation claim in California will depend on the circumstances of the retaliation you experienced and the statute it falls under. Below are ways to file a workplace retaliation claim based on the type of claim:
A Los Angeles employment law attorney can help you determine the correct steps to take to protect your legal rights and pursue a claim for retaliation. However, keep in mind that workplace retaliation claims can be challenging to prove since retaliation isn’t always immediately obvious. Your employer probably would not specifically state that the reason for your termination or demotion is because of retaliation. Often, retaliatory behavior is more subtle. For example, common signs of subtle workplace retaliation include receiving unfair performance reviews or getting assigned unfavorable work shifts.
Mesriani Law Group employment lawyers will help you collect evidence and build a case against your employer. Workplace retaliation victims are entitled to damages and our lawyers can help you obtain the maximum compensation for your losses.
State and federal laws protect workers from workplace retaliation. In other words, employers cannot punish you for asserting your employment rights at work. Unfortunately, retaliation still happens at work. In the past several years, more than a third of the discrimination charges filed with the EEOC included a retaliation claim.
When you file a workplace retaliation lawsuit against your employer, there are three elements you will need to prove including:
Proving workplace retaliation can be very challenging unless an employer blatantly admits it or makes a written or verbal threat. Generally, you must prove that there was a causal connection between the protected activity you engaged in and the adverse action of your employer. Although proving that your protected activity was the cause of your employer’s action can be difficult, a workplace retaliation lawyer can help you prove causation by showing three things:
Other evidence including your coworker’s testimony, employer’s social media account history, and other patterns of behavior between you and your employer can be used as evidence to build a case against your employer. An experienced workplace retaliation lawyer can help you determine the necessary documents and types of evidence needed to prove your case.
In law, statute of limitations refers to the deadline before you must file a case. If you missed the deadline, then you will no longer have the right to pursue your case. With workplace retaliation claims, the statute of limitations depends on the circumstances. Since filing a lawsuit for employment retaliation can involve one or more type of employment law, the deadline for each may be different.
For example, if you filed a retaliation lawsuit against your employer because you were terminated for opposing racial discrimination at work, you would have one year to obtain a right to sue letter from DFEH and one year to file your case. However, you may also decide to file a wrongful termination claim which has a two-year limit statute of limitations. It’s important to note that the deadlines differ for those working for the government. Employees working for a city, state, or federal agency have a six-month statute of limitations to file a claim against their employer.
Avoid missing any statute of limitations and ruining your chances of obtaining justice against your employer. If you have been retaliated against at work, it is best to seek the help of a workplace retaliation attorney who can help you with your case.
Compensation in an Employment Retaliation Claim
If you are a victim of unlawful treatment at work, our workplace retaliation lawyers can help you obtain the justice you deserve. We will hold your employer responsible for their misconduct and secure the fair compensation you deserve for your suffering. Individuals who win workplace retaliation cases may be eligible to collect economic and non-economic damages for their losses. Economic damages are verifiable monetary losses such as lost wages. Non-economic damages are subjective, non-monetary losses like pain and suffering. Based on your situation, you may be entitled to the following compensation:
Economic damages:
Non-economic damages:
Victims of workplace retaliation may also claim for damages that harm their professional reputation, attorney’s fees, and punitive damages. Punitive damages are intended to punish employers for their outrageous conduct and to deter others from acting in a similar manner in the future. Each case is different and the types of compensation each victim may be entitled to will vary. Speak with a retaliation workplace lawyer to find out which damages may apply to your situation.
California workers should not have to suffer for exercising their workplace rights. At Mesriani Law Group, we understand that employment disputes may not only cost workers their jobs but also have harmful effects on their mental, emotional, and financial wellbeing. If you believe you have been harassed, discriminated, or retaliated against at work for engaging in protected activity, our workplace discrimination lawyers can help you protect your rights.
Learn more about your legal options and what you need to do prove workplace retaliation by scheduling a free, initial consultation with our law firm today by calling (866) 500-7070. We offer clients a No Win, No Fee guarantee– and that means that if we don’t win your case, you don’t pay us anything.
Can I sue for workplace retaliation?
If you’re a victim of workplace retaliation, you can file a lawsuit against your employer under various employment laws. For example, if you believe you are victim of whistleblower retaliation, you may file a claim under Labor Code 1102.5 LC. If your employer retaliated against you for exercising your workplace rights under the Fair Employment and Housing Act (FEHA), you must first file a complaint with the Department of Fair Employment and Housing (DFEH). After obtaining a right to sue notice from DFEH, you can sue your employer for workplace retaliation. Workplace retaliation victims can also sue their employer under the California False Claims Act which protects employees for reporting possible fraud.
What qualifies as retaliation in the workplace?
In California, workplace retaliation applies to the career damaging behavior an employer may take in to punish an employee who reports, complains about, or participates in the investigation regarding employee rights or illegal workplace activity. Workplace retaliation can include any adverse or negative job action such as discipline, demotion, firing, salary reduction, or shift or job reassignment.
What are 3 examples one can experience retaliation in the workplace?
Three examples of workplace retaliation include terminating the employee, changing his or her job duties, and decreasing an employee’s pay or reducing their work hours. There are numerous ways an employer can retaliation against an employee for exercising their legal rights. Some retaliatory behavior such as termination can be pretty obvious but others can be more subtle such as making adjustments to your work schedule because you filed a complaint or engaged in a protected activity.
What is the average settlement for retaliation lawsuit?
A majority of employment cases are settled out of court and the settlement terms are typically kept confidential. Therefore, it is impossible to figure out the average dollar amount for a retaliation lawsuit. There have been retaliation lawsuit cases that have settled for about $10,000 while others eventually get resolved for multi-million- dollar award settlements. Every California retaliation lawsuit claim is unique and must be assessed on a case-by-case basis. If you are a victim of workplace retaliation, an employment lawyer can assess your case and give you a better idea of the types of compensation you be entitled to.
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