Employees are entitled to certain rights under both federal and state law, including the right to not be harassed or discriminated against in the workplace because of age, sex, race, religion, disability, national origin, and other factors. Employees also have the right to minimum wage, to overtime in some cases, to unpaid time off in certain circumstances, and other rights.
When an employee is denied those rights, often the employee will contact an attorney or will choose to file a legal complaint with a state or federal agency. Employers are not pleased when they receive calls from employment attorneys or become the subjects of state or federal investigations. In some cases, the employer may decide to retaliate against the employee for those actions. This may include firing the employee, demoting the employee, or taking other negative actions against the employee.
Legally, retaliation occurs if an employer punishes an employee for engaging in a protected activity. Employers cannot legally punish employees for making complaints about discrimination or harassment. Employers also cannot retaliate if employees participate in workplace investigations or call an attorney to protect their legal rights.
Unfortunately, it can be difficult to prove that an employer is retaliating against you. You must look at all the surrounding facts of the situation in order to determine if illegal retaliation occurred. If an employer’s actions would prevent a reasonable person in a similar situation from making a complaint, those actions can be considered illegal retaliation.
If you believe that your employer has illegally retaliated against you in Los Angeles, you should speak with a Los Angeles employment law attorney. Call me, Conal Doyle, at 310-651-8272. I can help. Call today to learn more or to schedule a free consultation on your case.