Retaliation

Retaliation is the act of an employer punishing an employee for reporting workplace misconduct, such as discrimination, safety code infractions, harassment, fraud, embezzlement, or other illegal activity. Retaliation could be terminating the employee, demoting them, or making the workplace so unpleasant that the employee finds themselves unable to continue working there. Masoom Law Firm P.C. can assist you if you’ve been the target of workplace retaliation in San Jose, CA. Because retaliatory actions are a gray area of the law, it is critical to act quickly.

Helping workers fight retaliation at work

Employees are protected from retaliation when they report or complain about their employer’s illegal activity. In the case that you are being harassed or hurt by your employer, call our retaliation lawyers.. Masoom Law Firm P.C. offers case evaluations for any prospective client. We’ll look at what is happening in your case to determine possible outcomes and the best solutions for you.

When retaliation usually takes place

After Taking Family or Medical Leave

The Family and Medical Leave Act (FMLA) is federal legislation that authorizes eligible workers to take unpaid leave each year. It might be up to three months for medical or family-related concerns.

After Reporting Fraud

After an employee exposes illegal behavior by their employer, the company may act against them in several ways, including unjustly firing or demoting them.

After Reporting Harassment or Discrimination

After an employee reports harassment or retaliation, employers may take several actions. Firing, demotion, relocation, decreased hours, and other effects are all possible.

Types of retaliation

Firing an Employee

An employer terminating an employee’s employment unlawfully, is one of the most clear forms of retaliation.. In California, employers are allowed to fire employees for nearly any reason or no reason at all under “at-will” employment laws. Employers do not have the right to fire a person based on discrimination or retribution. However, after an employee reports safety hazards, discrimination, or harassment, an employer cannot fire the employee in response. This action would be considered unlawful retaliation.

Demotion

A demotion can also be a form of workplace retaliation. If an employee is demoted soon after reporting misconduct, this may suggest that the employer is punishing the employee for coming forward. In some cases, a demotion can lead to other forms of retaliation, such as harassment or denial of promotion.

Reduced Hours or Pressure to Quit

If an employer places a worker under intense pressure, urging them to quit in order to avoid termination, this may be considered workplace retaliation. Additionally, if an employee shifts are reduced and (or) hours soon after reporting harassment, discrimination, or safety violations, this may be unlawful retaliation.

Denied Promotions or Benefits

If an employee is denied promotions and benefits after reporting illegal behavior by their employer, they might have a legitimate case of workplace retaliation. Mistreatments could include being left out of meetings or denied training provided to other employees.

What to Do If You’re Facing Workplace Retaliation

If you think you’re suffering from retaliatory treatment by your employer, it’s critical to take action immediately. The first step is to document the behavior you’re experiencing.

Maintain a record of any instances of retaliation, including when they occurred, what happened, and who was involved. Having a clear picture of what occurred will help you take legal action. You should also reach out to an experienced workplace retaliation attorney. A California employment lawyer’s law office can help you understand your rights and options and can build a strong case on your behalf. Contact our firm today for a free evaluation of your case, where our team of employment attorneys can help you.

FMLA and CFRA

The Family and Medical Leave Act (FMLA) is federal legislation that authorizes eligible workers to take unpaid leave each year for medical or family-related concerns. The California Family Rights Act (CFRA) is a state law that provides similar protections. If you are an employee eligible for FMLA or CFRA leave, your employer cannot retaliate against you for taking a leave of absence. Retaliation includes firing, demoting, or otherwise punishing you. If you have faced retaliation for taking FMLA or CFRA leave, you should contact an experienced workplace retaliation attorney.

How to prove whistleblower retaliation

Workers facing whistleblowing retaliation can often face an uphill battle in proving their case. However, there are a number of things they can do to strengthen their claim. First, workers should keep a record of all incidents of retaliation, including when they occurred, what happened, and who was involved. This documentation will be critical in building a winning case. Second, workers should reach out to an experienced workplace retaliation attorney. With our legal support, whistleblowers can successfully fight against retaliation and hold their employers accountable for their actions. You have to demonstrate that you faced dismissal due to the complaint. Timing is critical to a winning case of unlawful retaliation for whistleblowing. Contact the employment lawyers at Masoom Law Firm P.C. today.

Frequently Asked Questions

Why do employers retaliate against workers?

Employers may scold workers for a variety of reasons in the workplace. An employee who reports or complains might be subjected to retaliatory action. Employer-provided benefits and remedies are available through the Employment Opportunity Commission. Retaliatory actions occasionally lead to wrongful termination in the workplace. Punishment can, however, include:

• Being passed over for a promotion
• Receiving a demotion
• Being reassigned to a less favorable position
• Having one’s hours cut
• Being given fewer responsibilities
• Receiving poor performance reviews
• Being isolated from co-workers or otherwise ostracized
• Being harassed by management or other employees
• Experiencing workplace discrimination and/or illegal discrimination

Can I sue my employer for retaliation in California?

Yes, you may be able to sue your employer for retaliation in California. If you can prove that you were fired, demoted, or subjected to other forms of retaliation after reporting harassment or discrimination, you may have a strong case. Contact an experienced workplace retaliation attorney for help, and make sure they have the right experiences with employment law cases.

Is retaliation illegal in California?

California’s retaliation laws are among the strongest in the country. Under California law, employers cannot fire, demote, or harass employees in retaliation for reporting safety hazards, discrimination, or harassment. If you believe you are being retaliated against at work, contact an experienced labor and employment law workplace retaliation attorney for help.

How do I file a retaliation claim in California?

If you believe you are being retaliated against at work, the first step is to document the behavior you’re experiencing. Keep a record of any instances of retaliation, including when they occurred, what happened, and who was involved. This will be helpful if you decide to take legal action.

You should also reach out to an experienced workplace retaliation attorney. A California employment attorney’s law firms can help you understand your rights and options and can build a strong case on your behalf. Contact our law offices today. Our legal team of retaliation attorneys San Jose will provide a free evaluation and find out if you have the basis for a civil litigation case.

Can whistleblowers be terminated?

Yes, whistleblowers can be terminated, but only if their employer can demonstrate that the termination was not in retaliation for whistleblowing. If an employee can show that they were fired or otherwise punished for whistleblowing, they may have a valid case of whistleblower retaliation.