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Have you faced negative actions at work because of filing a complaint or engaging in other protected activities? If so, you may have grounds to file a claim against your employer for compensation. As an employee you have a right to speak up against any harassment, discrimination, safety violations, or fraud you may experience or witness. To ensure a safe, fair, and lawful work environment it’s important to report any misconduct you may see. Unfortunately, employees may face retaliation as a result, which is any form of workplace punishment for reporting a wrongdoing. Retaliation is a common act that an employer can take against an employee and can be very challenging to prove in California, as employers rarely ever admit their actions. That's why you need an experienced employment attorney to take on your case. At The Gould Firm, we have the right employee attorney to protect your rights and fight for you in your retaliation claims. The Gould Firm has represented many victims of retaliation and has a track record of success. Let’s break down what is considered retaliation, how to recognize it and the steps you can take to protect yourself after reporting misconduct.
When an employee engages in legally protected activity, such as reporting misconduct, discrimination, or other unlawful practices, an employer can retaliate by taking negative actions towards the employee. Let’s examine some of the common forms of retaliation, as they can range from being demoted or fired to more insidious forms like increased scrutiny.
Common forms of Retaliation include:
There are multiple laws in place that protect employees from retaliation and prohibit employers from engaging in these types of activities. These include:
Under these laws, employers can’t legally punish you for exercising your rights, and if they do, you may have grounds to file a retaliation claim.
Retaliation can be difficult to identify if you don’t know what signs to look for, as negative actions taken by your employer may not always be direct or immediate. If you start to notice changes in your work environment or treatment shortly after you've filed, that could be a red flag. Some warnings signs could include:
When trying to prove retaliation you need to provide evidence that you took part in a protected activity like reporting misconduct, filing a complaint or exercising your legal rights. Then you need to show that as a result your employer took negative actions against you like demotion, termination, or creating a hostile work environment. Lastly, there needs to be evidence that an action occurred because of your report. Time will play a big role in proving that retaliation happened, as you want to prove it occurred right after your complaint.
If you suspect that you’re being retaliated against, don’t hesitate to take action. Employees who stand up for their rights should never face punishment for doing so. The best way you can protect yourself and hold your employer accountable is by documenting retaliation, understanding your rights, and seeking legal advice. The Gould Firm is here to assist you with our qualified employment law attorneys. We can help you navigate all the complexities of the legal system and ensure your rights are protected.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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