EMPLOYER RETALIATION ATTORNEYS IN TEMECULA, CALIFORNIA

According to the Enforcement and Litigation Statistics Report for fiscal year 2020, about 37,632 charges were filed for employer retaliation—representing 55.8% of total charges filed. Both federal and state labor laws across the United States strongly prohibit employers from retaliating against their workers for complaining or taking legally-protected actions. Under California labor laws, it is illegal for an employer to terminate, refuse promotion, demote, or harass an employee for filing a complaint or lawsuit against the employer for discrimination, sexual harassment, or failure to pay deserved benefits.

If your employer has retaliated against you for complaining, it is important that you retain an experienced California employment law attorney to protect your rights. At Robinson Bradford LLP, we're committed to offering comprehensive legal guidance and strong representation to clients in their employer retaliation cases. As your legal counsel, we will investigate all of the facts of your unique situation, determine whether you have a case, and explore your possible legal options. Our dedicated team will fight compassionately to represent your best interests.

Robinson Bradford LLP proudly represents clients across Temecula, Stockton, Costa Mesa, and the rest of California.

WHAT IS RETALIATION?

Retaliation can be described as any "adverse action" taken by an employer against an employee—or against their friends or family members—for complaint about discrimination, harassment, or engaging in "protected activities." Such adverse actions may include:

• Firing or terminating employment

• Demoting

• Denying overtime

• Blacklisting

• Withholding promotion

• Threatening

• Denying benefits

• Disciplining

• Refusing to hire

• Reassigning

• Intimidating

• Punitive rescheduling of hours

• Decreasing pay

An experienced attorney can enlighten you about what qualifies as adverse actions, protected activity, and determine if you have a case.

EXAMPLES OF PROTECTED ACTIVITIES

A protected activity is any action taken by an employee which is protected by law. Workers may engage in a protected activity without fear of retaliation by their employer. According to California labor laws, here are some common examples of protected activities:

• Filing a complaint with the California Division of Labor Standards Enforcement (DLSE) requesting an inspection

• Complaining to an employer or labor union about workplace-related safety and health hazards

• Refusing to perform a task that can create an actual danger of severe injury or death

• Reporting harassing conduct or discrimination at the workplace

• Filing a workers' compensation claim

• Reporting illnesses and injuries to an employer or workplace supervisor

• Refusing to follow an order that you reasonably considered to be discriminatory

• Complaining to management regarding disparities in EEO-related compensation

• Resisting sexual advances

• Participating as a witness in another person's discrimination case

If your employer has retaliated against you for complaining or engaging in legally-protected activities, it is important to retain a skilled employment law attorney right away. Your attorney can seek to prove retaliation and take the necessary steps toward protecting your legal rights.

PROVING RETALIATION

In order to prove retaliation in your workplace retaliation case, you must provide evidence showing the following elements:

• You witnessed or experienced unlawful harassment or discrimination

• You engaged in a protected activity

• Your employer or supervisor took a materially adverse action against you in response

• The employer's actions were aimed at retaliation

• You suffered some damage due to the employer's adverse actions

An attorney can help gather the required evidence to support your claim of employer retaliation.

WHAT TYPES OF EVIDENCE MAY SUPPORT A CLAIM OF RETALIATION?

Here are some pieces of evidence which may support a belief that an employer took a materially adverse action against you as retaliation:

• The employer's personal statements

• Close timing between the protected activity and the adverse action

• Written or verbal statements indicating a retaliatory motive

• Any other evidence supporting an inference of retaliatory intent

WHISTLEBLOWER

In California, an employee may "blow the whistle" on an employer for abusing labor laws, committing fraud, or engaging in illegal activity. The California Whistleblower Protection Act forbids every state official and employee from retaliating or attempting to retaliate against any whistleblower—an applicant or employee who reports an improper activity.

While the state's labor laws protect employees from employer retaliation and whistleblower activities, the statutes do not shield employees from the consequences of poor performance or misconduct. Nevertheless, an experienced attorney can evaluate the circumstances surrounding your situation and determine whether you have legal recourse through an employment lawsuit.

WORK WITH A SKILLED EMPLOYMENT LAW ATTORNEY

Employees who have been retaliated against for filing a complaint or lawsuit against the employer may be entitled to file an employer retaliation claim in California court. However, proving your workplace retaliation case requires showing that your employer took an adverse action against you for engaging in a protected activity. A skilled employment law attorney can fight for your legal rights and help you seek deserved compensation for any damages suffered.

At Robinson Bradford LLP, we have the resources to handle employment law cases and protect employees who have been retaliated against by their employers. Our dedicated team can investigate the circumstances surrounding your workplace retaliation and determine the best way to proceed with your case. We’re ready to hold your employer accountable.