Reporting misconduct in your workplace is a dangerous choice, but one that may be necessary. Many people feel obligated to seek justice when they see discrimination, labor law violations, safety hazards, or crimes committed in their place of work. Reporting these matters are protected actions in which you should be safe under California and federal whistle-blower laws. But it’s rarely that simple.
Unfortunately, retaliation is a common result of blowing the whistle on your employer. In LA, a Los Angeles employer retaliation lawyer is the best person to turn to either before or after you blow the whistle.
When Should You Contact a Los Angeles Employer Retaliation Lawyer?
The best time to contact a Los Angeles employer retaliation lawyer is immediately before you report misconduct in your workplace. Experienced employment attorneys like the team of Eldessouky Law can help you protect yourself before your employer has a chance to take harmful actions against you. With an experienced retaliation lawyer on your hands, you may be able to retain your anonymity or immediately put together a strong case against your employer for both their initial misconduct and any retaliation steps.
If you need a consult on these matters, call our law office or fill out a short contact form, and we’ll arrange a meeting to help you through this difficult experience.
Know When You Are At Risk of Retaliation
There are a number of situations where your actions have the potential to trigger illegal workplace retaliation. This can happen if you report your employer for violating legal or regulatory requirements. It can occur if you report an injury when your employer doesn’t want you to, if you take FMLA leave when your employer unlawfully denies it, or if you take time for jury duty or emergency response services.
Retaliation can occur if you report discrimination or harassment if you report fraud or embezzlement if you call health and safety inspectors, or if you refuse to perform an illegal action when asked by your employer. Retaliation can come from one manager, from the power structure, or even from HR if your attempt to right a wrong inside the company goes awry.
If you have time, if the incident hasn’t already happened and if no one is in immediate danger, it’s best to stop and consider your options before putting yourself at risk of a retaliation situation.
How to Do the Right Thing and Keep Yourself Safe
If you find yourself in a situation where retaliation is inevitable, either because you must immediately report an injury or safety incident or because you become aware of a violation, take measures to keep yourself safe.
Stop and consider who is safe to talk to. Internal channels like HR or department heads cannot always be trusted, especially if you don’t personally know who you are reporting to, and that they would feel the same way you do. Often, the correct next step is to speak with legal counsel and quietly report the incident to the organization that governs or regulates the type of issue you are dealing with. Whether it is a financial, safety, or labor matter will determine who you report to. There is a chance that your identity will be unknown and the problem will be resolved without retaliation.
What to Do When you Become Aware of Employer Misconduct
As soon as you become aware of employer misconduct, it’s important to take your next steps carefully. First, you should be able to make the most complete and helpful report possible when taking your protected action. Second, moving carefully can help you reduce the risk of being identified as the whistle-blower or being retaliated against, if possible. If it is not possible to avoid detection, the right approach can help to protect you from retaliation and make a strong case against your employer when retaliation occurs.
Safely Collect and Store Evidence
As soon as you realize you are in a whistle-blower situation, collect all the evidence you can before your company can make defensive maneuvers. Download emails, chat logs, and any relevant paperwork onto a personal USB and print paper copies at home. Keep a journal of the sequence of events and get statements or data from others who are victims of the situation, if relevant.
If it’s a safety violation, try to get photographs and any documentation of reports being ignored or denied. If you’ve seen evidence of fraud, get screenshots. However, only collect information that you can attain safely without increasing risk to yourself or others. Don’t put yourself at risk trying to reaccess anything that would raise red flags.
Contact a Los Angeles Employer Retaliation Lawyer
If the incident has just occurred or you are about to take action that could result in retaliation, your next step should be to consult with an experienced employer retaliation layer. An California employment layer can help you assess the situation, determine the risk of taking a protected action, and prepare to record any attempts at retaliation before they begin.
Your lawyer can provide guidance on how to keep your job safe, and if necessary, how to protect others that may be involved. They may provide guidance on additional information you can safely collect. Together, you can build a plan on how to move forward and ensure your employer is held accountable for any misconduct they are responsible for.
Identify the Relative Authority and Send a Report
Depending on the nature of the incident, you will need to determine the correct authority to report the problem to. If you’re not sure, your lawyer can help you determine the organization that is in charge of enforcing the matter at hand. For example, labor violations or food health violations would be reported to different authorities, and the correct office varies depending on your location.
Even if your lawyer is not certain, they will be able to find the right office, then help you put together the most complete report possible while taking steps to protect you in the process.
Determine If Anonymity is an Option
If possible, maintain anonymity. Submit your report to the authoritative body anonymously, or request that your anonymity be maintained during the investigation that follows. It is sometimes possible to ensure your workplace is forced to right the wrong without facing retaliation.
Of course, this may not be possible. If, for example, you are facing retaliation for reporting your own workplace injury, you may need to consult with a lawyer after the risk for retaliation has begun because anonymity is not an option.
Begin Recording Your Employer’s Response
Once you make the report, begin recording what happens next. Keep a journal. Try to get most of your communications in writing or with written confirmation – typically through email or chat logs. Record any virtual meetings, with automatic captions turned on, and record your phonecalls. Keep paperwork from any changes made to your employment situation.
If your employer begins to retaliate against you, you will have a plethora of evidence to use against them as soon as your lawyer considers the time to be right.
What To Do If You Become the Target of Retaliation
If you become the target of employer workplace retaliation, record what happens but do not let the retaliation antagonize you into unwise actions. You may be in a position to object to any unjust actions taken against you, but you might not be. Do not let your employer drive you to quitting, but also do not let them put you in any dangerous or hazardous situations. Employers in a retaliation mentality often feel that they have complete power over their employees. However, you are always able to refuse harmful conditions, and now that you have taken a protective action, even firing you in an at-will employment state is now legally prohibited.
Proceed with caution, and if your employer tries to make you feel afraid or force you into a burn-out scenario, consult with your lawyer on how to handle the situation as you gather evidence to take them to court over every retaliatory action they take.
What To Do if Someone Else is Targeted For Retaliation
Lastly, one of the risks of making an anonymous report is that someone else may be targeted for retaliation. If your employer jumps to conclusions and thinks that the wrong person has reported them when authorities come knocking, you can take action to protect that person, as well. Whether or not you decide it is safe to reveal your part to the other person, you can make observations from a distance regarding the retaliatory measures taken against the other person. Take this information to your employment lawyer and they will help you make the next move. If necessary, you can recommend that the other person get in touch with an experienced employer retaliation lawyer who will advise them on the best course for their own protection and help them receive compensation for actions taken against them.
How to Protect Yourself and Others from Employer Retaliation
If you or someone you know is being targeted by employer retaliation for a whistle-blowing action, the attorneys of Eldessouky Law can help. Contact us today to consult on the best course of action, whether you are preparing to report your employer for misconduct or you are already facing retaliatory actions.
