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Retaliation

Workplace retaliation is when an employer punishes an employee for filing complaints against them. Larabee Law Firm has employment attorneys who can help.

Retalliation in a hostile work environment.

Workplace Retaliation Attorney in San Diego | The Larabee Law Firm

Most people are aware that sexual harassment and discrimination are illegal in the workplace. However, fewer know that it’s unlawful for an employer to punish an employee for filing complaints for these actions, or for participating in workplace investigations. If you believe your employer has retaliated against you, an employment attorney in San Diego can provide you with the information and legal representation you need to seek justice.

What is workplace retaliation?

Retaliation in the workplace happens when an employer punishes an employee for participating in a legally protected activity. Any action that has an adverse effect on your employment is considered retaliatory.

California law lists as some of the protected activities:

 

 

  • Reporting discrimination or sexual harassment in the workplace
  • Blowing the whistle or being a witness in an EEOC investigation or lawsuit

  • Filing a workers’ compensation claim

  • Refusing to follow an orders that would result in discrimination

  • Resisting sexual harassment or intervening to protect others

  • Reporting failure to provide accommodations for a disability or religion

  • Discussing salary with managers or co-workers to uncover potentially discriminatory wages

  • Filing a wage claim with the California Labor Commissioner
     
  • Taking time off from work to serve on a jury or appear as a witness in court
     
  • Using sick leave to attend to the illness of a family member
     
  • Engaging in political activity of the employee’s choice
     
  • Reporting safety or health conditions or practices

Types of workplace retaliation

Workplace retaliation comes in many forms, and some are less obvious than others. For example, being fired or demoted shortly after filing a complaint may be a clear sign of workplace retaliation, while finding yourself excluded from staff meetings for a project you’ve been managing is subtler. Here are some additional actions that may be considered retaliatory:

  • Unfair disciplinary action
  • Receiving an unfair poor performance review

  • Denial of promotions or raises

  • Being transferred to a less desirable position or department

  • Being the target of verbal or physical abuse

  • Having your immigration status reported to the police or authorities
  • Being micromanaged by your supervisor after filing a complaint

  • Having false rumors spread about you

  • A change in your work or schedule that makes your job more difficult

  • Denial of ongoing job training

What should I do if I’ve been retaliated against?

If you feel you’ve been the victim of workplace retaliation, the first thing to do is consult an employment attorney who can inform you of your rights. It may be prudent, depending on the circumstances, to notify your supervisor or human resources manager about the retaliatory actions. These complaints should be made in writing, and all instances of retaliation should be documented. An experienced employment attorney in San Diego can offer legal advice and guide you through this process.

 

Contact an experienced workplace retaliation attorney in San Diego

At the Larabee Law Firm, we know how difficult and personal a workplace retaliation case can be. We firmly believe in defending the rights of employees who have experienced unfair treatment or termination for their involvement in protected activities. Whether you’ve been denied a promotion for filing a wage claim with the California Labor Commissioner or your work has become more difficult because you reported sexual harassment, discrimination, or made a protected whistle-blower complaint, we can help you build a retaliation case against your offending employer.