Retaliatory Discharge Lawyer in Los Angeles, CA

Retaliatory discharge occurs when an employer unlawfully fires an employee for engaging in legally protected activities. In Los Angeles, such actions are prohibited under both federal and California employment laws, which aim to protect employees from unjust dismissal and ensure a fair workplace.

Understanding Retaliatory Discharge

Retaliatory discharge refers to the termination of an employee as a direct response to the employee’s participation in protected activities. These activities can include:

• Reporting Discrimination or Harassment: Employees who report instances of workplace discrimination or sexual harassment are shielded from retaliation by their employers.
• Whistleblowing: Disclosing an employer’s illegal activities, such as safety violations or fraudulent practices, is a protected action.
• Filing for Workers’ Compensation: Seeking compensation for workplace injuries should not result in punitive actions from the employer.
• Participating in Investigations: Employees who assist in investigations or testify regarding workplace violations are protected from retaliatory termination.

When an employer dismisses an employee for any of these reasons, it constitutes wrongful termination, violating both federal and California employment laws.

Legal Protections Against Retaliatory Discharge

In California, several laws safeguard employees from retaliatory discharge:

• California Fair Employment and Housing Act (FEHA): Prohibits employers from discriminating or retaliating against employees who report unlawful practices.
• California Labor Code Section 1102.5: Protects whistleblowers from retaliation when they disclose information about violations of state or federal laws.
• Occupational Safety and Health Act (OSHA): Ensures that employees can report workplace safety violations without fear of retaliation.

These laws are designed to protect employees’ rights and promote ethical practices within the workplace.

Identifying Signs of Retaliation

Retaliation can manifest in various forms beyond termination, including:

• Demotion or Reduction in Pay: Unjustified downgrading of position or salary after engaging in protected activities.
• Unwarranted Disciplinary Actions: Sudden negative performance reviews or disciplinary measures without valid reasons.
• Exclusion from Workplace Activities: Being left out of meetings, projects, or opportunities previously available.
• Hostile Work Environment: Creating a work atmosphere intended to force the employee to resign.

Recognizing these signs is crucial for employees to take timely action to protect their rights.

Steps to Take if You Experience Retaliatory Discharge

If you believe you’ve been wrongfully terminated:

1. Document Everything: Keep detailed records of incidents, including dates, times, and individuals involved.
2. Report Internally: File a formal complaint with your company’s human resources department.
3. Consult a Retaliatory Discharge Lawyer in Los Angeles: Seek legal advice to understand your rights and potential remedies.
4. File a Complaint with Relevant Authorities: Depending on the case, this could be the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

Taking these steps can help build a strong case against wrongful termination.

The Role of a Retaliatory Discharge Lawyer in Los Angeles

Engaging an experienced wrongful termination lawyer is vital to navigate the complexities of employment law. A qualified attorney can:

• Evaluate Your Case: Determine the validity of your wrongful termination claim.
• Gather Evidence: Collect necessary documentation and witness statements to support your case.
• Represent You Legally: Advocate on your behalf in negotiations or court proceedings to seek compensation for lost wages, emotional distress, and punitive damages.

Having professional legal support increases the likelihood of a favorable outcome in wrongful termination cases.

Do I Have a Retaliation Claim?

Under state and federal laws, employees cannot be fired or otherwise punished for engaging in protected conduct such as:

• Reporting harassment
• Reporting discrimination
• Refusing to engage in illegal activity

If an employer fires, disciplines or otherwise punishes an employee for engaging in protected conduct, it is illegal, giving the employee the right to file a retaliation claim.

We have represented many employees who have suffered retaliation, including those who have been terminated for reporting sexual harassers, complaining about discrimination based on their age, gender or disability, and seeking medical accommodations like pregnancy, carpal tunnel, and ADHD.

What Are the Signs of Employer Retaliation?

In some cases, employment retaliation is very clear such as when an employer discharges an employee immediately after filing a sexual harassment claim. In other cases, however, it is not so clear, and can include subtler activities such as:

• Less desirable working conditions (e.g., increased workload or undesirable job location)
• Unwarranted and new monitoring or micromanaging
• Exclusion from meetings
• Denial of training
• Negative performance reviews
• Reductions in pay
• Denial of raises or promotions
• Demotions

Contact Us

If you have suffered retaliation for reporting the discriminatory or harassing acts of your employer, contact Allred, Maroko & Goldberg at 323-746-1853 or 646-992-2184 for advice on what to do next.