Employment Retaliation Attorney In Los Angeles

 

When you are an employee, you have every right—and some might say a duty—to report illegal employment practices related to discrimination, or other violations of the law by your employer; and your employer has no right to retaliate against you for doing so. However, if you’ve acted against what your employer perceives to be in the company’s best interest, you may suddenly find yourself “persona non grata” around the office, and do to that fact you may soon find yourself without a job. If this occurs, you have legal recourse, because you can’t be terminated for whistle-blowing or for demanding what is due you when wage and hour laws or anti-discrimination laws have been violated. The problem is proving a cause and effect relationship between your raising the issue publicly and your termination. This is where you need a truly top-notch employment lawyer on your side.

Rather than terminating you outright which might bring legal repercussions, your employer may have decided to be more subtle, and little by little begin to make it so unpleasant to continue working there, that you are forced to resign. You might find yourself the object of harassment.  Your reviews may have always been stellar before the event, but they’ve suddenly become filled with unwarranted criticism. Your schedule may have been changed to a less favorable one, or you may have been passed up for an expected promotion.  You might even have been deemed to be demoted.

 

Moreover, you’ve been made to feel unwelcome and uncomfortable at work until your stress level has risen beyond your ability to tolerate it, and finally you see no solution but to quit. You may think that because you’ve decided to resign, you don’t have a legal case for retaliatory termination. With the right lawyer, however, you may be able to prove what is called constructive termination and show that you were essentially bullied into resigning in retaliation for your prior unwanted exposure of company wrongdoing. If it can be shown that the employer’s behavior was exceptionally egregious, there is even the potential to win punitive damages, designed to punish the company and deter the behavior in the future.

Retaliation is not only unpleasant; it is illegal. Under federal and California law, the California Labor Code and the California Fair Employment and Housing Act (FEHA), it is illegal for an employer to treat an employee unfairly because that employee has filed a complaint or testified against their employer. 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 assistance of an experienced employment lawyer. Due to that fact, 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. If you or loved one is a victim of retaliation contact an experienced discrimination attorney at 1-424-256-9055.

Retaliation Law in California

 

You may be asking, “What are forbidden practices under California Law?” The Fair Employment & Housing Act (FEHA) prohibits many discriminatory employment actions. Additionally, the California Labor Code prohibits retaliation for many reasons. Combined together, the FEHA & CA Labor Code make it illegal for an employer to take any adverse action against an individual because of his or her:

  • Religion

  • Sexual Orientation

  • Gender (sex)

  • Pregnancy, childbirth or related medical conditions of any female employee

  • Medical condition

  • Physical or mental disability

  • political activities

  • Color

  • National origin

  • Ancestry

  • Marital status

  • Race

  • Age (if 40 or over)

  • Whistleblowing

  • Filing a complaint with the Labor Commissioner

 

California Government Code §12940(h) makes it unlawful “for any employer…to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part, or because the person has filed a complaint, testified or assisted in any proceeding under this part.”

 

Put simply, a worker who opposes any employment discrimination or harassment based on the above listed traits is protected against employer retaliation. In addition to FEHA, the California Labor Code and Health and Safety Code also prohibit certain retaliatory practices by employers.

 

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 retaliation, including discrimination and harassment occurs every day. However, they are almost always not reported for a number of reasons:

  1. Lack of knowledge of employees of their employment and labor law rights;

  2. Lack of resources to file claims against their employers; or

  3. Fear of being retaliated against or even wrongfully terminated.

 

Once you file a complaint against your employer on account of illegal acts or wrongdoing committed by your employer, it is imperative to understand 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:

  1. Harassment;

  2. Discrimination;

  3. Violation of labor law rights; or

  4. Constructive discharge

  5. For instance, making a harassment complaint;

  6. Additionally, making a discrimination complaint;

  7. And involvement in a government investigation;

  8. As well as reporting illegal employer conduct;

  9. And refusing to engage in illegal conduct;

  10. Further, making an FMLA leave request;

  11. Lastly, complaining about an incorrect paycheck or unpaid wages.

 

Employment Retaliation Damages to Be Covered

 

You have a right to seek damages against your employer for the following:

  1. Unpaid wages, including overtime, commissions and bonuses;

  2. Failure to provide a meal and/or rest period in accordance with the applicable Industrial Welfare Commission Order;

  3. Liquidated damages for failure to receive minimum wage for each hour worked;

  4. Pain and suffering; and

  5. 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 lawyers in Los Angeles, so don’t hesitate to seek our help to get the maximum compensation you deserve in the swiftest possible time.

 

Retaliation, Wrongful Termination, or Whistleblower?

 

While retaliation, wrongful termination and whistleblower cases share certain similarities, it’s important to understand what also makes them distinct. As this page has described so far, a retaliation case occurs when an employer terminates or demotes a worker for opposing discriminatory practices. Wrongful termination describes similar employer behavior, but in broader terms. For instance, wrongful termination might include an employee getting fired for complaining about unsafe working conditions or a co-worker’s threats of violence, neither of which would be covered by FEHA’s retaliation law.

 

A whistleblower case involves specific statutes such as Labor Code § 1102.5, which prohibits employers from preventing an employee from disclosing information about violations of federal or state law. A whistleblower case might also be covered by Health and Safety Code § 1278.5, which provides protections for employees who report unsafe patient care or conditions.

It’s important to realize that different laws provide protection under different circumstances. If you feel an employer has dealt you with unfairly, contact our office to speak with a qualified retaliation attorney.

Statute of Limitations

 

In most cases, an employee has one year from the retaliatory act to acquire a right-to-sue letter from the Department of Fair Employment and Housing. Usually, your retaliation attorney will request this letter for you. In other cases you may have a two year statute of limitations for a retaliation case. The statute of limitations varies for public employees, and in some cases, can be as short as six months. Because the SOL time frames can vary, it’s important you contact a retaliation lawyer as soon as the retaliation occurs.

What is the Average Settlement in a Retaliation Case?

Ninety-five percent of all employment cases settle. Since the terms of settlement agreements are confidential, it is impossible to answer this question with any accuracy. However, in our experience, the majority of cases settle for under $50,000.

It’s important to keep in mind that there are several factors involved in retaliation cases, including the personalities of judges, attorneys and juries. It’s possible that the same set of facts presented to two different juries might be judged differently. Since every case is different, it’s important you don’t go develop a set amount in your mind.

How Much Does a Retaliation Attorney Cost?

 

Retaliation attorneys who represent workers in retaliation cases typically get paid a contingency fee. This means the client doesn’t pay expenses out-of-pocket, but rather the lawyer is paid a percentage of what is recovered at the conclusion of the case.

3 Vital Steps in Filing  Wrongful Termination Lawsuit

 

The proof is in the pudding in a wrongful termination lawsuit. We know the tragedy of being  a victim of wrongful termination, and we know there are some things you can do to protect yourself. Here are three vital signs to take into consideration:

  1. Documentation is vital. This is critical in cases of discrimination, harassment, and retaliation. The more proof you can provide, the more merit you have. Having a running list of names, , voice message, text and dates, is crucial to for the details of your case. Also make copies of emails or other types of written correspondence that are direct evident of unlawful behavior.

  2. Don’t throw away your employee manual – keep it in a safe place. If and when you are ever terminated, be sure to take it home with you.

  3. Frequently ask to see your personnel file. In most states, your employer is required by law to give you access to your file. Make copies of the documentation contained within the file, and keep a running list of the types of documents.

                     

Your Wrongful Termination Lawyer will fill you in on other forms of evidence that you need to collect and provide. Find out more by calling 1-424-256-9055.

Free Consultation

 

When hiring a Retaliation Lawyer in Los Angeles it’s important to find an aggressive attorney that is skilled to negotiate on your behalf.   Let us connect you with one who has a proven track record of success – and who will work for you on a contingency basis so that you pay nothing unless you win. We’re here for you 24/7, 365 days a year. Remember, You Don't Pay, Until you Win, or you Don’t Pay at All!

Call now for your free initial consultation today at 1-424-256-9055. We can also assist you with Spanish.

 

You Don’t Pay Until You Win.

Contact a Los Angeles Wrongful Termination Lawyer to schedule a free, no obligation initial case evaluation at 1-424-256-9055. Our Retaliation Lawyer Lawyer in Los Angeles will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!

 

Lawyer Referral Service Los Angeles

If you are in a need a Beverly Hills Wrongful Retaliation Lawyer to help you get appropriate compensation and medical care you deserve, you should contact a Retaliation Lawyer lawyer in Los Angeles today. Our experienced Retaliation Lawyer lawyers in Los Angeles will help you overcome your Retaliation damages.

 

If you have any questions about the information provided above, please contact Legal Leaf. Legal Leaf is a Lawyer Referral that can provide you with a Retaliation Lawyer or law firm. If you do have any questions about Retaliation Lawyer attorney in Los Angeles area please contacts us for a free Lawyer Referral to a Los Angeles Lawyer.

 

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