LOS ANGELES - June 22, 2020 - (Newswire.com)
The Los Angeles employment attorneys at Yadegar, Minoofar & Soleymani LLP have decades of experience representing victims of workplace retaliation in California. Together, they have answered common questions about workplace retaliation.
What Is Retaliation?
Workplace retaliation occurs when an employer fires (or otherwise punishes) an employee who has engaged in a legally protected activity. For there to be a valid claim, the employee must show not just that he engaged in a legally protected activity but also that the employer’s adverse actions against him were substantially motivated by the employee’s participation in a legally protected activity. In other words, the employee’s participation in the legally protected activity must have contributed to the employer's decision to take action against the employee.
What Are Examples of Legally Protected Activities?
Under California and/or federal law, the following activities are legally protected:
- Opposing or filing a complaint about workplace discrimination or harassment
- Participating as a witness in an Equal Employment Opportunity Commission (EEOC) investigation or another investigation related to workplace discrimination or harassment
- “Whistleblowing” or reporting unsafe working conditions
- Taking leave under Family and Medical Leave Act (FMLA)
What Are Common Forms of Workplace Retaliation?
Signs of retaliation at work may include, but are not limited to:
- Termination of employment
- Demotion
- Salary reduction
- Reduced hours
- Promotion loss
- Job reassignment or shift changes
- Negative performance review
- Hostile work environment
Retaliation may be obvious or subtle. An experienced employment lawyer can help an employee determine whether to consider filing a workplace retaliation lawsuit based on the actions of an employer or coworker.
How Can an Employee Report Workplace Retaliation?
If an employee is suffering from retaliatory behavior by a supervisor or coworker, then the employee should make a retaliation complaint with Human Resources (HR) or pursue the steps outlined in his or her employee handbook.
If HR or the company’s other internal procedures are not effective in addressing the employee’s complaints, then the employee should speak with a lawyer. An employment lawyer can best advise the employee about how to handle this complex situation.
How Can an Employee Prove Retaliation in the Workplace?
In order to prove retaliation, an employee must show that he or she engaged in a legally protected activity and was retaliated against by his or her employer. The employee must show a link between the activity and the employer’s retaliatory behavior with evidence. Evidence may include:
- Emails
- Documents
- Eyewitness accounts
- Performance reviews
About Yadegar, Minoofar & Soleymani LLP
Yadegar, Minoofar & Soleymani LLP is a civil litigation law firm that services clients throughout Los Angeles and Southern California. Their employment attorneys handle civil claims, including discrimination, harassment and retaliation cases. Learn more about how they help clients on their website.
Related Links
About Yadegar, Minoofar & Soleymani LLP
Workplace Retaliation FAQ
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Original Source: Yadegar, Minoofar & Soleymani LLP Answers Common Questions About Workplace Retaliation
