Helping Employees Hold Their Employer Liable for Wrongdoing
If you think your employer is trying to punish you for an action you are legally allowed to take, you might have an employer retaliation case to explore. If so, you may be entitled to compensation, depending on the damages you’ve suffered due to workplace retaliation.
When you contact Odell Law, PLC, a skilled Orange County employment lawyer can look at your situation and tell you if your employer has broken the law by retaliating against you based on protected activities or classes recognized in California. Call our Orange County, CA law firm to schedule a free consultation with a caring employment lawyer.
What Are Protected Classes and Activities?
Employees are entitled to certain rights when working in California, and employers are prohibited from punishing them for using those rights. The following are some of the protected activities you’re legally allowed to do without retaliation:
- Report illegal conduct that you witnessed at work
- Refuse to participate in illegal activity or discrimination
- Take unpaid leave to handle issues relating to your family, disabilities, or medical conditions
- Report a workplace safety violation to the Occupational Safety and Health Administration (OSHA)
- File a workers’ compensation claim after a work injury or illness
- Request a reasonable accommodation for a disability or religious belief
- File a discrimination claim
- Discuss wages with coworkers
- Report sexual harassment
- Vote in an election
- Take time off work for jury duty
The Americans with Disabilities Act of 1990 and the Civil Rights Act of 1964 are examples of state and federal laws that let you complete protected activities without facing consequences at work. Similarly, if you have protected characteristics that put you in a protected class, the California Fair Employment and Housing Act states that your employer cannot retaliate against you based on these. The following characteristics are protected according to California employment law:
- Race
- National origin
- Sex
- Sexual orientation
- Gender identity
- Gender expression
- Marital status
- Veteran status
- Pregnancy
- Medical condition
- Genetic information
- Age, if you’re 40 or older
- Religion
- Disability
If you think your employer is retaliating against you based on a protected activity or a protected characteristic, they may be guilty of employment discrimination. An Orange County employment law attorney can examine the details of your case, so contact our Orange County law offices for a free consultation.
What Are Examples of Employer Retaliation?
To win your claim, you must prove that your employer retaliated against you for taking a protected action. Now that you know how to identify a protected activity and a protected characteristic, you should become familiar with some examples of workplace retaliation. They include:
- Wrongful termination soon after reporting unfair or unlawful conduct
- Undeserved negative performance reviews
- Demotion
- Reduction in pay or hours at work
- Denial of benefits
- Micromanagement
- Denial of bonuses or promotions
- Change in job duties
- Exclusion from meetings and social functions
- Refusal to provide necessary training
- Inability to use sick days, vacation time, or other paid time off
While wrongful termination after reporting unlawful conduct is often considered the clearest sign of employer retaliation, it’s not always that obvious. As you can see, some signs of retaliation are more subtle. After all, employers don’t want to be accused of retaliating against employees since they could face repercussions if caught, so they might make smaller changes that create a hostile work environment for you.
If you recognize at least one adverse employment action on the list, you should seek legal help from experienced CA employment law attorneys. Contact our Orange County law firm to speak with a caring employment attorney immediately if you’re ready to start your case.
What Are Your Legal Options After Facing Workplace Retaliation?
If you strongly believe that your wrongful termination or any other adverse action taken by your employer is considered retaliation, you should talk to an Orange County employment lawyer to determine if you can initiate an employment discrimination lawsuit. Doing so will hold your employer accountable while allowing you to get compensated for any losses you’ve dealt with due to workplace retaliation.
For example, wrongful termination can result in lost wages and emotional distress, especially if you had to endure workplace harassment and a hostile work environment for months before being fired. Depending on the circumstances, some employment attorneys also pursue punitive damages. Your legal team will let you know what kind of settlement to expect when it’s time to recover damages for your claim.
As you prepare to meet with Orange County employment attorneys, you should gather evidence to prove your employer’s adverse action was done out of retaliation, not because you deserved it. For instance, if you regularly received awards, bonuses, and emails praising your work, you should gather that evidence to show your lawyer. If you show that this changed after you reported unlawful conduct or other wrongdoing, and you suddenly started getting poor performance reviews and a hostile work environment, this could be strong evidence of retaliatory action.
Should You Hire Workplace Retaliation Lawyers in Orange County?
It can be upsetting and confusing when your employer fires you or retaliates in any other way after you’ve done nothing wrong at work. While it doesn’t always indicate workplace retaliation, it’s worth investigating. You deserve justice for employment discrimination due to protected characteristics or activities, and our skilled employment law attorneys can help.
When you contact our law firm in Orange County, CA, we’ll help file your complaint with the appropriate agency before proceeding with a lawsuit. Your employer is expected to obey every employment law set by the state and country, so once we determine that they’ve broken federal law or California law in their treatment of employees like you, we can take legal action against them. If you’re ready to speak with skilled employment law attorneys, call our Orange County, CA law firm at 949-771-8173 to schedule a free consultation today.