Employees and workers have a variety of rights under state and federal laws. In this blog post, we'll talk about how you can report and sue your employer if they violate your rights. In addition, if you notice a coworker's rights being violated, you have the right to report the violation and participate in an investigation.




A Guide To Retaliation And Employment Law In California


On the other hand, many employees are afraid of retaliation. What if you're let go from your job? What happens if you're demoted to a low-paying position? These and other concerns frequently influence an employee's decision to speak up for what is right.


So, if you're fearful of reporting workplace difficulties or have been discriminated against for doing so, you should speak with an Anaheim Employment Lawyer. An experienced Employment Law Attorney can help you work through the facts of your case, stand firm, and seek the justice you deserve.


What Is A Protected Action?


Before we can have a meaningful discourse about retaliation, we must establish what we mean by "protected action" in the workplace.


In general, protected activity refers to legal actions that a worker can take in response to illegal or immoral workplace conditions.


For example, it is considered a protected activity to take legal action or complain against the following:

In addition, these standards protect people from sexual harassment and establish core ethical and safety guidelines that are consistent with government policy.


If they are discriminated against or harassed at work, employees have the right to file and pursue a complaint. An Anaheim Employment Law Attorney can help you decide whether to file a complaint with the Equal Employment Opportunity Commission or a state complaint with the Fair Employment and Housing Commission.


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What Is The Best Way To Prove That Retaliation Occurred?


In California, you must be able to demonstrate three components to win a retaliation claim:


  • You took part in an action that was legally protected.

  • Because of the action you took, your employer retaliated against you.

  • Your employer's retaliation was a direct response to the action by punishing or trying to get back at you in some way.

Asserting your rights (or the rights of a coworker) is part of protected action. This usually means you've reported illegal discrimination or some other form of an unlawful act.


However, participating in an investigation of claims made by coworkers does fall under this category. So, if a coworker files a lawsuit alleging discrimination or harassment, and you testify against your boss, the law protects you from retaliation.


Also, even if it is later proved that you were wrong, you cannot be punished or retaliated against because you reported your employer fully thinking that criminal activity was taking place.


If you have reason to believe your employer is breaking worker or workplace protection regulations, you should report it to the proper authorities. For legal guidance, contact a prescreened Anaheim Labor Lawyer to help.


What Is the Difference Between Retaliation, Wrongful Termination, and Whistleblower Cases?


These three terms are frequently misunderstood by non-lawyers. However, each of them has its own characteristics.


A simple review of the differences is as follows:


  • Retaliation frequently involves punishing an employee for speaking out against discrimination, harassment, or abuse of patients.

  • Wrongful Termination is when an employer, manager, or supervisor fires a worker for illegal reasons, including retaliatory reasons.

  • Whistleblower discrimination is when the employer takes action on the employee for rightfully exposing policy violations done by their employers.

If you're still confused about which employment action fits your current case, contact an Anaheim Employment Law Attorney to help you figure it out. Different employment actions require different types of paperwork and evidence, so having an expert guide you should make the process smoother.


What Kinds Of Retaliatory Actions Are There?


Any deliberate employment action or decision that negatively affects an employee can be considered an act of retaliation. As long you and your Anaheim Employment Law Attorney could prove that the actions were to punish you for exercising your rights, you'll have a successful employment claim.


This could involve being the target of retaliatory employment decisions such as:

  • Demotion
  • Termination
  • Suspension
  • Excessive scrutiny
  • Getting reprimanded for no or illogical reasons
  • Getting assigned to difficult locations
  • Being made fun of in front of other employees

As you can see, an employer may react in a number of different ways. Therefore, it may be difficult to prove that a particular act or set of actions was retaliatory.


You'll need to get into your boss's head to understand their motivations. While demonstrating someone's intent might be difficult, your Anaheim Labor Law Attorney will search for specific patterns of behavior to determine their intention.


Proving There Is Motive


Retaliation isn't something that happens by accident. In many circumstances, retaliation is how an employer reacts. Employers are likely already aware of why the act is illegal, yet they still choose to respond in this manner.


Here are a few ways to prove there's a motive to retaliate against you:

  • Check the timing of the retaliatory act. For example, if you file a California employment claim against your employer and soon after notice that they're treating you differently, you've almost certainly been the victim of retaliation.
    • The closer these two events are in time, the stronger the link and the more persuasive your retaliation case becomes. This is why it is recommended that you retain the services of a California Employment Attorney before filing any claims with the appropriate agencies.
  • Your boss recently did illegal things. You will reasonably ask for an explanation if your employer or supervisor takes disciplinary action against you. However, if your employer's response seems improbable or easily refuted, they could be disguising retaliatory behavior.
    • Similarly, if you receive conflicting explanations from different supervisors or if the reasons keep changing, you are almost certainly being retaliated against. As a result, ask for an answer whenever possible.
    • When a supervisor offers you a contradicting response, get it in writing if at all possible. Take detailed notes if they refuse to write it down. This can aid you and your Anaheim Labor Lawyer in proving your case in the future.
  • Abrupt and unexplained changes in your treatment. Basically, it can be used as evidence of purpose if your employer's attitude and treatment of you change suddenly and without cause. This is especially true if no other employees are affected in the same way, and there is no pretext such as a loss in productivity or job performance.

Demotions, terminations, and hostile work situations are all examples of retaliation. This is why, despite having sufficient reasons, most employees are hesitant to file claims.

You should not, however, be discouraged or intimidated by this. Remember, California Employment Laws protect you, so if you're fired for exercising your rights, you can file a retaliation claim against them.


What Should I Do?


You have several legal remedies if you believe your supervisor or employer has retaliated against you because you exercised a legally protected right. Here are some examples of such:


  • File a retaliation claim to an open lawsuit or government investigation alleging your employer's violation of your rights.

  • You can add a retaliation claim to any existing complaints that your employer has discriminated against you, harassed you, or failed to pay you minimum wage or overtime.

  • If no litigation or government investigation has already begun, you can even launch a new, independent retaliation complaint against your employer.

If your boss or employer is found to have retaliated against you in violation of federal or state law, you may be able to pursue several remedies depending on the facts of your case.


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What Evidence Is Important in a Retaliation Case in California?


Evidence will play a critical part in the outcome of your claim.


Here are a few things that can help you:


  • Photos. Bring whatever video or photo evidence you have to show your attorney. Keep track of any unpleasant conduct or treatment you've received. Although retaliatory measures can be subtle, capturing them on camera will assist you in demonstrating to your lawyer the seriousness of your current situation.

    • However, before getting any audio or video recordings, you should consult an attorney. Before a conversation can be recorded in California, all participants must agree to it. Any evidence gathered in contravention of this guideline may be deemed inadmissible in court.

  • Online chats, texts, emails, etc. Keep a record of any harassing, discriminating, or retaliatory emails, discussions, or communications. Take screenshots of the chat rooms and keep all of your emails in one place so you can find them quickly.

  • Employment documents. These records could show that your employer sacked you without cause, demoted you, or threatened you with punishment or retaliation. In any case, these factors might lead to a hostile work atmosphere, making it more difficult for you to fulfill your duties.

  • Medical Records. If you're overworked or facing extravagant amounts of anguish as a result of retaliatory behavior, you may show signs of failing health. You can suit for non-economic damages in California, so don't be afraid to include them as proof of the retaliation's consequences.

Even if you believe you have insufficient proof to provide to your Anaheim Employment Law Attorney, don't hesitate to schedule a consultation with them. Good lawyers will conduct their own investigations in addition to those conducted by their clients and appointed authorities. If you don't have access to certain documents or documentation, your legal counsel may be able to help you obtain them.


Additionally, before presenting your evidence to agencies, it's a good idea to consult with an Anaheim Labor Lawyer. You have no idea if the evidence you have—illegally captured recordings, for example—will get you in trouble in the end.


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