Over the last several decades, the federal government (as well as many state and local entities) have determined that the state has a vital interest in both incentivizing employees to report unethical behavior and to protect them from retaliation for doing so.
Much of attorney James Shoemaker's employment law work is concerned with protecting employees who engage in protected activities and suffer retaliation for it. Mr. Shoemaker is committed to ensuring that you are allowed to work and earn a living after doing the right thing.
With his decades of experience advocating for workers and their rights, Mr. Shoemaker is the right choice when you need legal expertise.
Workplace Retaliation Attorneys In Los Angeles
When we talk about engaging in protected activities, we mainly refer to employees reporting unethical behavior or trying to defend their rights – financial and otherwise. These actions are protected by federal law; you cannot be punished by your employer because you engaged in one of these activities.
The most common form of retaliation is firing an employee, and you can learn more on this topic at our Wrongful Discharge page. But there are other forms of retaliation that some companies will inflict on employees, including:
Workplace retaliation often leaves victims feeling overwhelmed and powerless. It's important to remember that you have access to resources that can make things right. With the help of our employment attorney, you can take matters into your own hands. Here are some tips for handling workplace retaliation.
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To win a retaliation lawsuit against your employer, you will need to prove three things: One, that you filed a complaint or engaged in another legally protected activity; two, that negative action was taken against you that caused you harm; and three, that there was a link between these events. If these steps seem overwhelming, it is best to contact our attorney. Mr. Shoemaker has represented many clients in successful retaliation lawsuits. He has fought against large corporate employers and recovered six- and seven-figure settlements. He has even obtained recoveries without having to file suit. Talk to him about the merits of your retaliation case today.
Most laws that give workers basic rights also protect workers who assert those rights. You will find that there are quite a few federal and state laws that prohibit employers from retaliating against employees who engage in protected activities. These laws include:
If your workplace rights were violated and you complained to your employer, filed a complaint with an administrative agency, or filed a lawsuit, you are likely protected from retaliation. Contact our workplace retaliation lawyer to learn about the laws that apply to your specific situation.
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Some things in business are unfair, and other things are illegal. Drawing the line between the two categories and proving that illegal retaliation occurred can be the most difficult aspect of these cases. That is why you will need evidence to support your claim. You can gather evidence by documenting the allegedly retaliatory behavior. You may also be able to use emails, performance reviews, and other documents to show that you were in good standing at work before you filed a complaint. And remember that when it comes to proving retaliation, hiring a skilled attorney such as Mr. Shoemaker can make the difference between a successful outcome and an unsuccessful one.
You cannot be fired for making a complaint to HR about harassment, discrimination, health and safety violations, failure to pay overtime, or other legally protected matters. That is true even if your claim turned out to be unfounded — as long as you made it in good faith. Keep in mind that not every complaint is protected for retaliation purposes. Making a so-called frivolous complaint is not a protected activity. Our attorney can explain your legal rights in regards to the specific complaint you made to human resources.
Adverse employment actions are virtually any employment decisions that are likely to impair your job performance or prospects for advancement. The most obvious examples include termination and demotion. However, there are many kinds of possible adverse employment actions. Adverse employment actions also include changes at work that have a negative effect on your employment. These changes may include:
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Sometimes it is obvious that your employer is retaliating against you. Let’s say that you file a complaint about racial discrimination. Shortly after, you get fired for “poor quality work” despite your history of positive performance reviews. You would have good reason to suspect retaliation. Other times, retaliation is not so cut and dry. It may come in the form of an undesirable reassignment, denial of a leave request, or a sudden exclusion from team meetings. Our attorney can help you recognize workplace retaliation and stand up for your rights.
It can be difficult to prove retaliation – it's not enough to point to a demotion or suspension. You must prove that you were engaged in a protected activity that the management decision in question was retaliation for that action.
Mr. Shoemaker and the experienced staff at Patten, Wornom, Hatten & Diamonstein know how to successfully pursue these claims. We will listen to your story, take it seriously, advise you on the best course of action and, if we take the case, vigorously pursue the compensation to which you are entitled.
Workplace Retaliation, Employment Attorney Protecting Your Rights
Many people are reluctant to do anything about workplace retaliation. They don't want to risk their jobs, their only source of income. But you don't have to just accept retaliation. You have legal protections, and you should take advantage of them.
If you need to speak with an experienced employment lawyer about your legal options as the victim of workplace retaliation, please call Mr. Shoemaker today at 757-223-4580 or contact him online to schedule your legal consultation.If you wonder how a workplace retaliation lawyer can help you, you’ve come to the right place. The work retaliation lawyers at Rizio Lipinsky employment attorneys have prepared the following information to answer the questions most commonly asked by people searching for “work retaliation lawyers near me.”
If you have filed a complaint with your company or a third-party organization – either as a whistleblower or regarding discrimination or harassment, you have the right to work without fear of unlawful retaliation. The law prohibits employers from discrimination and retaliation and protects employees in such situations, with statutes ensuring protection from retaliation.
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Therefore, you could be entitled to compensation if your manager or other company representatives have started treating you poorly because you decided to come forward and report illegal conduct. Whether or not you were able to prove your case, the law wants you to feel comfortable reporting such issues when they occur so that everyone can enjoy a safe and inviting work environment.
In addition to safeguarding those who face workplace retaliation, the law also aims to protect those who stand up for their co-workers. However, the problem is that workplace retaliation is often a challenge to prove, and you won’t always know where you can turn for support and guidance. That is where the expertise of an employee retaliation lawyer comes in handy.
Our law group specializes in employment law, including retaliation cases. The following guide will reveal information you need to know about workplace retaliation, your available options, and how a workplace retaliation lawyer can help.
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Understanding retaliation in the workplace and how to spot it is a vital first step for those who want to protect themselves and their co-workers. If you report that you or someone you work with is being harassed or experiencing workplace discrimination based on gender, religion, race, or something else, your employer is prohibited from acting against you for bringing this to their attention.
Although it’s often hard to detect if you don’t know the warning signs, retaliation can take many forms. It includes any action taken by your employer that negatively affects you. These actions can consist of negative performance reviews, unfavorable assignments, termination, being overlooked for promotions, and more.
The company for which John works requires employees to work long hours and to put in extra time on the weekends. However, management knows that people have needs and lives outside of work and tries to accommodate those who request time off at least two weeks in advance. In most cases, management gives days off based on who requested them first.
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John does not know why, but management usually overlooks his requests even when he is the first to ask for a day off.
John suspects that he does not get his requests answered because he is a Muslim, but management says it’s only a coincidence and dismisses his claim. But when management posted the new schedule the following week, John noticed that he was set to work even more than before, and his supervisor has required him to work overtime on the days he wanted off to be with his family.
In the following weeks, management moves John to a position that offers lower pay. Even though John did not prove his original claim of harassment, management gave him different treatment not long after he voiced his concern. If the employer does not have a legitimate good faith reason for its actions, John has a strong case for
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