In Los Angeles, you have certain protected rights in the workplace. You have the right to refuse illegal orders, to report safety hazards, and to stand up against discrimination, abuse, and sexual harassment. You have the right to file an injury report and claim worker’s compensation if you are harmed while on the job or as the result of working conditions, and the right to discuss your wages with coworkers.
Even more importantly, your employer cannot legally retaliate against you for exercising your protected rights. If you have faces harassment, demotion, termination, or other forms of mistreatment as the result of taking legal and protected actions in the workplace, Los Angeles employment lawyers can help.
How Can a Los Angeles Workplace Retaliation Lawyer Help Your Situation?
Workplace retaliation is one of the darkest aspects of modern employment. It is surprisingly common and, far too often, goes unreported because employees feel that no one will believe or help them. Often, workplace retaliation is used when an employer wants to get away with illegal actions, unsafe work environments, or abusive behaviors and the person retaliated against serves as an example to frighten their colleagues into keeping quiet.
A Los Angeles workplace retaliation lawyer will not only stand up for your rights, they will also help to hold your employer accountable by revealing what they were trying to hide through abusive employment practices. Together, you can seek compensation for their misconduct and protect others from the same treatment in the future.
If you’re ready to consult with a lawyer who specializes in workplace retaliation on Los Angeles, Eldessouky Law can help Contact our office at 714-409-8991 or fill out one of our contact forms online.
Why Would Your Employer Retaliate Against You?
Why does workplace retaliation occur? In an ideal workplace, the rules make sense and following them is normal, or even rewarded. However, when employer policy and company culture go against California labor laws, they must resort to underhanded tactics to maintain the status quo. Employers often retaliate against employees who take actions that reveal the company’s misconduct or take legal actions that might cost the company money.
For this reason, there are many different causes for workplace retaliation based on what employers have to hide.
Getting Injured, Reporting an Injury, or Filing Worker’s Compensation
When an employee is injured, an employer receives a lower safety rating and a higher worker’s compensation insurance premium. It is unfortunately common to threaten employees and prevent them from reporting an injury or filing for worker’s compensation. Those that defy the order may find themselves the subject of retaliation, which can also breach the lines of disability discrimination depending on the severity of the injury.
In fact, even those who do not report the injury may find themselves targeted just for being injured.
Reporting Discrimination, Sexual Harassment, or Abusive Behavior
Discrimination, sexual harassment, and abuse are behaviors that are sometimes tolerated or even quietly encouraged in some workplaces. However, these types of employee treatment are illegal. Whether you were the original target of mistreatment, reporting an employer to HR or an external authority for abusive behaviors can and often does result in retaliation. Especially if the power structure is already rooted in abusive methods.
Reporting Safety Hazards
Similar to reporting injuries, sometimes even mentioning a safety hazard can make an employee the target of abuse. Going so far as to request that the hazard be resolved or reporting the unsafe conditions to an authority can result in retaliation from an employer who does not want to maintain the effort, cost, or responsibility of keeping a safe working environment.
Reporting Regulation Violations or Illegal Employer Activity
The most well-known reason for workplace retaliation is when an employer punishes a worker for reporting violations or illegal activity. From health and safety violations to fraud in the accounting department, any form of illegal activity from an employer may incite retaliation for blowing the whistle. This includes refusing to comply with illegal requests from your employer, whether or not you report them.
Defending Someone Else Who Is Being Abused
Lastly, employers may lash out at anyone who deigns to defend a current target of abuse or mistreatment. If you stand up for an employee who is being sexually harassed, for example, you may become the new target for whistleblowing.
What Does Workplace Retaliation Look Like?
Just as there are many causes, workplace retaliation can also occur in many forms. A corrupt manager or organization may use any tools at their disposal to make a targeted employee uncomfortable, whether their goal is punishment, discouragement, or even to drive you to quit (constructive discharge.) All of these forms of retaliation are prohibited by California labor laws and whistleblower protections.
Demotion, Reduced Pay or Reduced Hours Without Cause
An employer may reduce your ability to make a living by giving a demotion, reducing pay, or significantly reducing your scheduled hours without cause. If this is done targeting only you and no valid reason is given, unwarranted demotion is likely part of retaliation for a recent whistleblowing act.
Negative Performance Reviews
Sometimes employers try to justify demoting or terminating a targeted employee by first giving negative performance reviews. However, if your performance reviews take a nose dive or cite petty or un job related reasons for negative remarks after a whistleblowing incident, this is a clear sign of retaliation.
Job Termination or False Lay-Off
When your job suddenly comes to an end after taking a legal action that your employer cannot legally object to, such as filing a worker’s compensation report. A false lay-off is when you are told that your job has been made redundant, but the company immediately lists a near identical role, or others with the same role are not affected.
Abusive Scheduling Practices
When an employer builds an unlivable shift schedule in retaliation for a protected behavor. For example, scheduling back-to-back shifts that prevent a sleep schedule, scheduling random hours, changing the schedule at the last minute, or suddenly denying leave that was previously approved.
Challenging New Rules that Apply Only to You
We have seen examples of employees targeted with personalized abusive rules, such as a bathroom timer or a limited number of cups of water in a day just so that negative penalties can be exacted when unreasonable rules are not conformed to. This is often part of an attempt to drive an employee out without officially firing them.
Increased Workload or Unfavorable Assignments
You may find yourself suddenly under a mountain of work, being given unreasonable deadlines, or only given the most unfavorable assignments and projects.
Unfavorable Job Relocation
If an employer suddenly relocates your job to a location miles from your home, puts your office in the basement, or in a building that you will have difficulty accessing due to a disability, these can all be forms of retaliation.
Denial of Raises, Promotions, or Opportunities
When an employer denies a targeted employee opportunities for training, prevents a routine or anticipated raise, or refuses to consider the employee for an earned promotion.
Who Does The Retaliation?
One of the nuances of workplace retaliation is where the retaliation comes from. In some cases, workplace retaliation is backed by the entire organization and company culture. This can be the most intimidating. However, just as often, retaliation comes from one rotten manager who is trying to keep their incompetence, abusive power trip, or illegal activity under wraps.
Your Immediate Supervisor or a Higher Manager
If the retaliation is coming from just one manager, you may have options within the company. However, that manager’s workplace friends and allies may be dangerous to speak to.
HR or One HR Manager
If retaliation is coming from HR, you are dealing with a corrupt system because HR is who you should be able to report things like discrimination, sexual harassment, or workplace safety concerns in order to seek an internal and immediate solution.
Group Bullying Permitted By the Employer
Los Angeles workplace retaliation can sometimes come from a group of coworkers and the harassing behavior is then ignored or tolerated by management.
The Business Owner or CEO
If the business owner or CEO is the perpetrator, the organization is rotten from the top down and it is likely unsafe to go to anyone within the power structure.
How a Los Angeles Workplace Retaliation Lawyer Can Help
What can a Los Angeles workplace retaliation lawyer do to help? Workplace retaliation often results in losses of work, wages, and rights. A workplace retaliation lawyer can help to defend your rights and bring your employer to justice by holding them accountable for their bad behavior.
Eldessouky Law is a California employment law firm that represents employees. We are trial attorneys and are ready to take your employer to trial, if neccessary, to get the justice and financial settlement that you deserve. Because we work on a contingency basis, you also do not have to worry about payment unless/until we win your case.
Together, we can protect your employment rights, as well as the rights of your colleagues who may also be targeted or at risk of the same hazards you have weathered under an abusive and retaliatory employer.
Call to Action: If you have questions about your rights as an employee in California or wish to discuss your case confidentially with one of our experienced employment attorneys, contact our office at 714-409-8991 or fill out one of our contact forms online.
