Workplace retaliation is a serious issue that can have significant impacts on an employee’s career and well-being. Understanding your rights and the steps to take if you experience retaliation is crucial.
This blog outlines the legal recourse available to employees in Southern California and provides guidance on how to protect yourself from retaliatory actions. Contact PLBH at (800) 435-7542 for a free legal consultation.
Understanding Workplace Retaliation
What is Retaliation?
Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as:
- Filing a Complaint: Reporting discrimination or harassment.
- Participating in an Investigation: Cooperating with an internal or external investigation.
- Whistleblowing: Reporting illegal activities or safety violations.
- Requesting Accommodations: Asking for reasonable accommodations for a disability or religious practice.
Common Forms of Retaliation
Retaliation can manifest in various ways, including:
- Termination: Firing an employee for engaging in protected activities.
- Demotion: Reducing an employee’s rank or pay.
- Unfavorable Reassignment: Transferring an employee to a less desirable position.
- Harassment: Subjecting the employee to a hostile work environment.
- Negative Performance Reviews: Unjustified poor evaluations.
Legal Protections Against Retaliation
Federal and State Laws
Several laws protect employees from retaliation in the workplace, including:
- Title VII of the Civil Rights Act of 1964: Prohibits retaliation against employees who report discrimination or participate in an investigation.
- California Fair Employment and Housing Act (FEHA): Offers broader protections against retaliation for reporting discrimination, harassment, or other violations.
- Whistleblower Protection Act: Protects employees who report illegal activities or safety violations.
Filing a Complaint
If you believe you have been retaliated against, you can file a complaint with relevant agencies:
- Equal Employment Opportunity Commission (EEOC): File a charge of retaliation within 300 days of the incident.
- California Department of Fair Employment and Housing (DFEH): File a complaint within one year of the retaliatory action.
Steps to Take if You Experience Retaliation
Document the Retaliation
Keeping detailed records is crucial for building a strong case:
- Keep Records: Save emails, messages, and documents that indicate retaliation.
- Take Notes: Write down dates, times, and details of retaliatory actions.
- Gather Witnesses: Identify colleagues who may have witnessed the retaliation.
Report the Retaliation
Inform your employer about the retaliation. Many companies have procedures in place for handling such complaints:
- Follow Company Policy: Use the company’s formal process for reporting retaliation.
- File a Complaint: Submit a written complaint to your HR department or manager.
Seek Legal Advice
Consulting with an experienced employment lawyer is crucial. A lawyer can:
- Evaluate Your Case: Assess the validity and strength of your claim.
- Guide You: Advise you on the appropriate steps and legal options.
- Represent You: Advocate on your behalf in negotiations or in court.
Compensation and Remedies
If your case is successful, you may be entitled to various forms of compensation, including:
- Back Pay: Compensation for lost wages and benefits.
- Front Pay: Compensation for future lost earnings if reinstatement is not possible.
- Emotional Distress: Damages for mental anguish and suffering.
- Punitive Damages: Additional compensation to punish the employer for egregious conduct.
- Legal Fees: Reimbursement for attorney’s fees and legal costs.
Preventing Retaliation in the Workplace
Employer Responsibilities
Employers can take proactive steps to prevent retaliation in the workplace:
- Training: Conduct regular training sessions on retaliation and related laws.
- Clear Policies: Implement and enforce clear anti-retaliation policies.
- Open Communication: Foster a culture of open communication and respect.
Employee Awareness
Employees should be aware of their rights and the signs of retaliation. Staying informed and vigilant can help create a safer work environment.
Contact PLBH for Legal Assistance
If you believe you have been a victim of workplace retaliation, it’s essential to seek legal help. At PLBH, our experienced employment lawyers are dedicated to fighting for your rights and ensuring you receive the justice you deserve.
Contact us today at (800) 435-7542 to schedule a consultation and discuss your case. Let us help you navigate the complexities of retaliation laws and work towards a favorable outcome.