Retaliation

Retaliation Lawyers

The U.S. Equal Employment Opportunity Commission (EEOC) has strict definitions on harassment and discrimination in the workplace, making these issues easy to report within an organization. However, what happens when you speak up about unwelcome conduct and your employer punishes you for it? This is commonly referred to as Retaliation and is one of the most common employment law issues in the US.

What is Workplace Retaliation

Workplace Retaliation always occurs after an employee has an interaction where behavior upon them is unwelcome. This can be harassment for what they look like or believe or bullying and threatening them physically or psychologically. After undergoing this behavior, most individuals reach out to their HR department or supervisor in an effort to put a stop to this behavior. Since an employer does not want to be held legally responsible for condoning this behavior, they will address the issue with the individual or individuals responsible to end the behavior.

This is where Retaliation comes into the mix. The aggressor, after being informed of the report, will oftentimes discontinue the original unwelcome behavior. However, this does not mean the situation will end. After the report, the tension or fallout from the report can lead to further resentment towards an individual and lead to an even worse situation.

Examples of Retaliation

Retaliation for a reported incident can come in many forms, so it is important to know if your situation is similar to what constitutes it according to the law. Below are common ways retaliation can arise:

• Termination or Demotion: Oftentimes the easiest form of retaliation to prove, this is a direct result of the report that creates a great deal of tension between an employee and a superior.
• Change in Work Assignments: These changes are typically in an effort to force an employee out or as a means to punish them for the report. This could mean increased workloads or harder shifts to break the employee down further, so they remove themselves from the organization themselves.
• Pay cuts: By giving an employee a pay cut, it is a financial way of punishing the individual and can also be a warning to all other employees that reporting grievances will not be tolerated.
• Bullying: Sometimes, even after a report has been filed, bullying can still take place as a means to get back at the individual.
• Negative References: Even after an employee has left an organization they can still be subjected to retaliation. Employers will bad mouth the individual to other prospective employment opportunities in an effort at getting back at them for the report.

How do I know if I have a Valid Retaliation Claim?

Knowing whether you have a valid retaliation claim is never as simple as it seems. The EOCC makes it as easy as possible by legally protecting many rights for employees. These rights include:

• Reporting workplace discrimination or harassment
• Filing or supporting a complaint with the EOCC
• Participating in an internal investigation regarding misconduct
• Requesting reasonable accommodations for a disability or religious practice
• Reporting wage and hour violations (like unpaid overtime)
• Speaking up about workplace safety hazards (protected under OSHA)
• Taking protected leave under the Family and Medical Leave Act (FMLA)
• Whistleblowing about fraud, illegal activity, or government contract violation

After performing any of these protected rights, if an employee is punished then they may have a valid retaliation claim. When in doubt, it is important to consult with a employment lawyer to go over any and all grievances as they will help guide you through this ordeal.

What Should I Do Now?

After identifying that you may be involved in a valid retaliation case, it is paramount to take the proper next steps to prove this claim. Word of mouth will not be enough to hold up a case, so be sure to take appropriate action swiftly.

1. Document the Timing of the Incident

Be sure to document when the initial report was filed and when the retaliation incident occurred. This makes it easier to prove that the two events are connected in a court of law.

2. Save all Relevant Documentation

Save all messages, physical or virtual, that portray to the incident and make note of any witnesses to the incident. The more evidence that you have, the better odds you have of proving a valid retaliation claim.

3. Draw Comparisons

This can help strengthen your case by comparing how others that reported similar behavior were treated. It can help you prove that you were treated more harshly than other employees or it can prove that this is a systematic issue of retaliation that occurs with many others. Both instances can solidify your case.

4. Stay Professional

This is the most important step to take. If you steep down to their level, this can give them real and legal justification for their actions, completely disavowing your retaliation claim. Remain professional and cordial throughout the ordeal, showcasing that there is no valid evidence that you deserve any of the punishment that you are undergoing.

5. Consult with an Employment Lawyer

After taking the necessary steps, reach out to a Los Angeles employment attorney for consultation. They will inform you of any laws or rights your employer may be violating and proper next steps to take under the law.

Retaliation claims are never easy to prove, but with the right legal team no task is impossible. At Shegerian Conniff, we will help you navigate the world of retaliation claims and validate your claim under the scrutiny of the law. Reach out today for a free consultation and see if you have a valid case.