Workplace retaliation is a complex legal matter that involves an employer’s adverse action in response to an employee exercising their legal rights or participating in a protected activity. A prime example of such an activity is filing a legitimate claim against the employer for sexual harassment or discrimination.

If your employer has retaliated against you, it puts you in a challenging position. Protecting your rights as an employee is key, so it is important to consult with an employment attorney immediately. An experienced Los Angeles workplace retaliation lawyer at Erkel Law, P.C. can guide you through the process.

Are There Common Underlying Causes of Retaliation at Work?

Your workplace retaliation claim will be unique to your situation, but the underlying causes of most claims fall into distinct categories, such as:

  • Employees who report discrimination or harassment in the workplace
  • Employees who participate in or cooperate with investigations into employer wrongdoing
  • Employees who assert their right to take protected family leave for personal or family health needs, to bond with a new child, to recover from pregnancy or pregnancy loss, or to grieve a family member’s death
  • Employees who file formal complaints with the Equal Employment Opportunity Commission
  • Employees who make inquiries into their pay, overtime, tips, or any related benefit
  • Employees who request reasonable accommodations at work or report dangerous working conditions
  • Employees who refuse to engage in illegal activities as part of their employment

As an employee, you have certain rights. When your employer violates these rights through retaliation, you can access legal protection in LA by contacting an attorney experienced in workplace retaliation cases.

Discrimination and Harassment at Work

Discrimination refers to an employer’s unfair treatment of an employee based on the employee’s inclusion in a protected class. Alternatively, harassment is a specific form of discrimination. It involves unwelcome conduct toward an employee based on a protected characteristic. If a reasonable person would find the treatment intimidating, hostile, or offensive, it likely qualifies as harassment.

Protected characteristics under state law include the following:

  • Race, skin color, national origin, and ethnicity
  • Age, which applies to employees who are at least 40 years old
  • Sex, including pregnancy and related issues, as well as gender, gender expression, gender identity, and sexual orientation
  • Physical or mental disability
  • Medical condition, including HIV and AIDS status
  • Citizenship or immigration status
  • Primary language
  • Military or veteran status

An attorney in LA can review your case to determine whether discrimination or harassment played a role in the retaliation you experienced at work.

Common Forms of Workplace Retaliation

Workplace retaliation is generally classified into primary groupings.

Demotions, Firings, or Schedule Changes

Being fired, being demoted, losing working hours, facing a difficult schedule change, or being transferred to a less desirable position can all amount to retaliation.

The Withholding of Benefits or Promotions

If you qualify for a specific benefit or promotion but it is not forthcoming, it may be a means of dissuading you from engaging in the practice your employer is retaliating against.

Exclusion From Meetings or Projects

Retaliation in the workplace can involve purposefully excluding employees from key meetings or projects, which can negatively impact their career development and lead to isolation at work.

Harassment

Being harassed at work or being made to work in a hostile environment that leaves you feeling intimidated or threatened can make your job unbearable, and it may be a form of retaliation.

Any one of these actions can be financially destabilizing and take a heavy emotional toll. The standard for identifying retaliation is if the employer’s actions are likely to discourage a reasonable employee from engaging in an activity protected under the law. An Erkel Law, P.C.  attorney can help you assess whether the retaliatory action you experienced at your LA workplace meets this standard.

Speak With an LA Attorney About Retaliation at Work Today

A capable Los Angeles workplace retaliation lawyer will recognize the lasting impact that retaliation at work can have on employees like you. Erkel Law, P.C. is well-equipped to help. For more information about what a lawyer can do for you, please reach out today.

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