Get Help From a Top-Rated Business & Employment Law Attorney in Los Angeles
At Fisher & Talwar, our Los Angeles business retaliation lawyers apply years of experience to help our clients find the best path forward. We represent both employers and individual employees in retaliation claims. You deserve personalized representation from a skilled legal advocate. If you have any questions or concerns about retaliation claims, we are more than ready to get started on your case. For a fully confidential, no commitment consultation with an experienced California business & employment attorney, please call our Los Angeles law office today.
Employment Retaliation In California: Explained
Whether you are a business owner, corporate executive, or individual employee, it is crucial that you understand the concept of retaliation. As explained by the Equal Employment Opportunity Commission (EEOC), retaliation is the single “most frequently alleged basis of discrimination” in federal employment law matters. Retaliation occurs when an employee is subject to an adverse employment action because they engaged in a protected activity.
What Is A Protected Activity?
Under state and federal employment laws, individual workers have certain legal rights. Some of the key laws include the California Fair Employment and Housing Act (FEHA), Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act (ADA). These statutes all include anti-retaliation provisions—meaning an employee cannot be punished by an employer simply because they engaged in a “protected activity” under the law. Here are some of the most common examples of protected workplace activities:
- Reporting discrimination or harassment to a supervisor/manager;
- Filing an official discrimination or harassment complaint;
- Vocally opposing unlawful activity by an employer;
- Complaining about or reporting a wage and hour violation;
- Complaining about or reporting a safety violation;
- Making a disclosure under a state or federal whistleblower law; and
- Actively supporting the protected activities of a coworker.
What Is An Adverse Employment Action?
To bring a retaliation claim against a business or organization in Los Angeles, an employee must prove that they were subject to some version of adverse employment action because they engaged in a protected activity. Broadly defined, an adverse action is a negative action. They can come in many different forms. Some examples of adverse employment actions include:
- A negative performance review;
- Reduced pay and/or reduced benefits;
- Denial of a promotion;
- Suspension or other form of personnel disciplinary action; and
- Termination (firing or laid off).
Retaliation Claims: Reasoning Matters
Employers have a right to make their own hiring, firing, and other personnel decisions. An employee can be terminated or otherwise punished after engaging in a protected activity. However, an employee cannot be punished because of the fact that they engaged in a legally protected activity.
For this reason, all retaliation allegations require a comprehensive investigation into exactly what happened and why. The reasoning behind an employer’s decision matters. If you have any questions about causation in a retaliation case, an experienced Los Angeles employment law can help.
How Our Los Angeles Retaliation Lawyers Can Help
The law is clear: Employees are entitled to exercise their legally protected workplace rights without being retaliated against by their employer. Of course, in practice, allegations of retaliation are a lot more complicated. At Fisher & Talwar, always put the best interests of our clients first. When you get in touch with our Los Angeles office, you will speak to an employment law attorney who can:
- Listen to your story, answer your questions, and explain the next steps of the process;
- Investigate the retaliation matter, gathering the evidence you need to make a case;
- Represent you in any settlement negotiations; and
- Take whatever legal action is warranted to get you the best outcome.
We are proud to provide fully personalized legal guidance and support in business & employment law cases, including in workplace retaliation claims. Whether you are an individual employee who was improperly punished for exercising your rights or your business is facing a retaliation claim from a disgruntled employee, our Los Angeles employment attorneys are more than ready to help.
Call Our Los Angeles, CA Workplace Retaliation Lawyers Today
At Fisher & Talwar, our California business law attorneys have extensive experience practicing employment law. We represent employers and employees in the full range of legal cases, including in retaliation claims. Our lawyers will help you find a solution. Contact us today to set up your completely confidential, no commitment case evaluation. From our Los Angeles law office, we provide business & employment services throughout the region, including in Los Angeles County, Ventura County, San Bernardino County, Orange County, and Santa Barbara County.