Los Angeles Retaliation Lawyer

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Los Angeles Retaliation Attorney

Los Angeles Retaliation Lawyer

Los Angeles Retaliation Lawyer Every American employer has legal obligations to their employees. While most people work on an at-will basis in the US, and their employers do not need any reasons to fire their employees, employers may not engage in any retaliatory actions against an employee who engages in a legally protected activity.

Retaliation refers to any violation of this legal standard. Unfortunately, many employees across various industries experience many forms of retaliation from their employers on a consistent basis. If you believe you have experienced retaliation in response to a legally protected activity, it is vital to seek consultation from a reliable attorney to determine your best available options for legal recourse.

Representing Los Angeles, CA, Victims of Employer Retaliation

The team at Clark Employment Law, APC, has years of experience helping our clients navigate complex employment-related legal cases, including many pertaining to illegal retaliation. We understand that experiencing any form of retaliation from your employer can have disastrous consequences for your personal and professional life, and our goal is to help you explore all your available legal remedies in this situation.

What Is Retaliation?

There are various laws in place at the state level in California and the federal level that aim to prevent American employees from experiencing retaliation in the workplace. But, unfortunately, retaliation still occurs in many different ways across all industries:

  • Whistleblower retaliation is one of the most commonly cited forms of employer retaliation. This pertains to situations where an employee has made a whistleblower complaint what he/she reasonably believed to be an illegal conduct by their employer in good faith, and their employer responds with retaliatory action.
  • Discrimination and harassment retaliation could happen after an employee engaged in activities that are protected under the California Fair Employment and Housing Act (FEHA), Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act (ADA), etc.:
    • The employee made an internal complaint with the company against a supervisor about the supervisor’s discrimination and harassment or an internal complaint about the company’s discriminatory/harassing policies/practices;
    • The employee needed or made a request to the employer to provide reasonable accommodation for the employee’s mental or physical disability, medical condition, or pregnancy;
    • The employee requested or took a medical leave of absence or pregnancy disability leave; or
    • The employee filed a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) alleging they have experienced some form of harassment or discrimination in their workplace.
  • Retaliation may occur after an employee filed a complaint, testified, or assisted in any proceeding concerning discrimination, harassment, or retaliation against his or her employer.
  • Some employees experience retaliation after filing claims for workers’ compensation, typically because the employer’s insurance premium rises after the employee’s complaint.

Filing a legitimate whistleblower complaint in good faith, making complaints about discrimination or harassment, requesting reasonable accommodation (including taking a medical/pregnancy leave of absence), filing a DFEH or EEOC complaint in good faith, testifying under oath in a case involving an employer, and filing for legally available employee benefits through the workers’ compensation system are all protected activities. No employer may take adverse or punitive actions against an employee who engages in a legally protected activity. Doing so constitutes retaliation.

Los Angeles Retaliation Lawyer

Common Examples of Retaliation

Under the FEHA, it is illegal for employers of five (5) or more employees to retaliate against any employees because they have asserted their rights under the law. An employee can experience retaliation in many ways. Consider a few possible scenarios that illustrate how employee retaliation might occur in Los Angeles:

  • An employee experiences sexual harassment in the workplace and notifies their immediate supervisor of the situation. However, the supervisor does nothing to address the harasser’s behavior and instead demotes or transfers the complaining employee to a different department or office, creating an undue burden on the claimant.
  • An employee is a person with a mental disability (such as depression) or physical disability (such as arthritis) or suffers from a medical condition (such as cancer) that requires reasonable accommodation to perform the essential functions of the job duties. The employee asks the employer to provide a reasonable accommodation, but the employer fires the employee or denies the reasonable accommodation without showing of undue financial hardship.
  • An employee suffers an injury on the job and asks their supervisor for the materials they need to file a claim for workers’ compensation benefits. However, the employer fires the employee instead because they are concerned about increasing their workers’ compensation insurance premium.
  • An employee is subpoenaed to testify in court under oath in a case involving the employer. The employee answers questions honestly during deposition or on the witness stand during trial, and his or her answers cast their employer in a negative light. As a result, the employer fires the employee.
  • An employee’s supervisor offers a quid pro quo arrangement, promising the employee they can keep their job in return for sexual favors. The employee reports this to the EEOC or DFEH, and the supervisor fires the employee.
  • An employee submits a whistleblower complaint, reporting the employer’s regulatory noncompliance to the appropriate government oversight agency. The employer docks the employee’s pay and restricts his or her hours in response even though the employee has a consistent record of above-average job performance.

These are only a few examples of how retaliation can manifest in the workplace. For example, firing an employee, demoting an employee, reducing the employee’s pay rate or benefits, transferring the employee, or changing their job duties without solid justification are potential forms of retaliation.

Los Angeles Retaliation Lawyer

What to Expect From Your Los Angeles Retaliation Attorney

Retaliation typically leads to substantial damages for the affected employee. If they are wrongfully terminated, they lose income and benefits. In addition, they may experience emotional or mental distress due to their financial strain and the adverse treatment experienced at work. They could also experience personal losses due to their employer’s actions. Our Los Angeles retaliation lawyers can be instrumental to any employee in this position who wants to hold their employer accountable and recover fair compensation for their experience.

A successful retaliation claim requires navigating complex legal procedures. For example, if you experienced whistleblower retaliation, your attorney could guide you through the required procedures for your whistleblower complaint and then assist you in the civil complaint against your employer for the retaliation you experienced.

Therefore, hiring the right retaliation attorney is crucial for securing fair compensation for the losses you experienced and ensuring your employer is held accountable for whatever situation generated the retaliation in the first place.

At Clark Employment Law, APC, we understand that the majority of retaliation complaints in the US are multifaceted, and if you recently experienced any retaliation from your employer, you probably need legal guidance through related legal entanglements, such as an EEOC/DFEH claims process and a civil complaint against your employer.

Our team has years of experience guiding Los Angeles clients through complex retaliation claims. We know how dramatic the effects of employer retaliation can be for any employee in any industry. Our goal is to help you approach your retaliation case with clarity and confidence. If you are ready to discuss your legal options with a Los Angeles retaliation lawyers, contact us today (818) 741-2101 and schedule your free consultation with our team to learn more about the legal services we offer.

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