Employment Retaliation Attorneys in Los Angeles
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Employment retaliation happens when your employer terminates you, demotes you or refuses to give you your bonus and other compensation just because you filed a discrimination claim or harassment claim against your employer. This is also true in cases of whistle blowing activities. If you participate in a lawful investigation against your employer, i.e., testify in court or any proceedings, you have a right not be harassed or treated differently by your employer just because of said protected activities. If this happens, you have a right to file employment retaliation claims against your employer and seek compensation for any and all damages and losses you suffered because of said unjust treatment.
There are two ways that you can be made a victim of employment retaliation in the workplace - (i) direct and overt retaliatory act and the (ii) indirect, covert or veiled retaliatory act. If you have been terminated immediately after you filed a discrimination claim in California against your employer, then it is easier to prove fault and claim damages against your erring employer. However, if the acts of your employer are covert or veiled, like when you are discriminated or harassed or even demoted because of petty reasons, then it is harder for you to prove employment retaliation claim against your employer.
Regardless of the way you are harassed or retaliated against at work. Never think for a moment that you can negotiate your claims against your employer on your own. Your employer has the resources to hire defense lawyers who are obviously more knowledgeable in employment and labor laws than you are. Hence, if you are serious in obtaining justice against your employer, you need to seek help from MELG Law Firm’s highly skilled Los Angeles Retaliation Attorneys who are adept in litigating employment and labor law issues and are well experienced in pursuing other avenues or alternative means of addressing retaliation law violation problems. With our relentless determination in providing more in law to those who have less in life, we have already obtained hundreds of millions in award of damages to all our employee clients.
Call Us Now at (866) 500-4848 and we can assure you of nothing but the best legal service you deserve.
How to File Your Employment Retaliation Claims in California?
Your employer cannot retaliate against you at work for actions done within your rights. This is especially apparent in cases of whistle blowing activities. Verily, your employer should not terminate you, demote you or withheld from you your bonus and other compensation just because you filed a discrimination claim or harassment claim against your employer.
What Actions Are Protected by Law Against Employment Retaliation?
All acts of employees relating to his or her employment and labor law rights are protected by law against retaliation, i.e.:
- 1. If you file emergency family leave under FMLA your employer cannot hold that against you;
- 2. If you become a witness against your employer for employment violation cases filed against the latter, your employer cannot demote you or penalize you for that; or
- 3. If you file a case or claim for discrimination damages or wage claims, your employer cannot retaliate against you.
Are All Actions by Employee in the Work Place Covered by Anti-Retaliation Claims?
No. Even if you file employment damage claims against your employer but it is proven that you filed the case frivolously or your acts constitute harassment or act of vendetta against your employer, then your employer has every right to demote or terminate you for your unjust and abhorrent acts.
Nature of Retaliatory Acts
Retaliatory acts by employers are not always abrupt and overt. It is easier to prove if you are terminated or demoted immediately after performing a lawful act like filing a case against your employer.
However, oftentimes, to hide their vindictive acts, they perform these acts in concerted acts over time. Therefore, you should be vigilant in always keeping your employment records like pay slips, office memos and other work records and correspondence to make sure that you have enough evidence to show that you are being retaliated against at work.
In filing a case against your employer, you need to satisfy two legal processes:
- 1. Procedural due process – right avenue and procedure in filing your case; and
- 2. Substantial due process – your basis for your claims and evidence to support your case.
In order to make sure that you satisfy both due processes and get the maximum compensation you deserve against your employer, you need to seek expert legal representation the likes of MELG Law Firm who can fight for your rights regardless of the complexities of the case or the actual value of your claims.