Newport Beach Retaliation Lawyer
Employees have certain rights in the workplace that cannot be impinged upon by their employers. If you filed a harassment complaint against your employer, participated in an investigation into your employer, filed for workers’ compensation, or engaged in another protected activity and you were fired or demoted because of that, your employer has done so illegally, and there should be consequences. Employees are protected under many California state and federal laws when it comes to employment retaliation, and our Newport Beach retaliation lawyers at The Garza Firm are here to help you file a claim.
Protected Conduct Under the EEOC and DFEH
Employees must have the freedom to speak out against their employers or say no if their employer asks them to violate the law in any way. Without this right, none of us would be able to enjoy the relatively safe and fair working conditions that countless civil rights leaders have fought for over the last century. Employment retaliation is barred under the California Fair Employment and Housing Act and Title VII of the Civil Rights Act of 1964, and any employer who takes a negative action against an employer for the following has violated the law. Examples of protected acts include:
- Filing a workplace harassment, discrimination, or hostile work environment claim
- Threatening to file an employment claim
- Cooperating in a co-worker’s employment claim
- Cooperating with authorities in an employer investigation
- Filing for unemployment
- Filing a workers’ compensation claim
- Joining or forming a union
- Participating in union activities
- Refusing to cooperate in illegal or unlawful acts
- Notifying law enforcement or other agencies about an employer’s illegal activity
- Filing a whistleblower claim or participating in a whistleblower investigation
Examples of Retaliation
The most common type of retaliation employees face is job termination. An employer cannot fire you for engaging in any of the above-mentioned protected acts. Other examples of retaliation include harassment, demotion, excluding the employee, giving the employee a negative performance review, refusal to promote, taking away job benefits, hindering the employee’s ability to perform their job, reducing wages or hours worked, and creating hardships such as changing the employee’s schedule or job location or transferring the employee to a less desirable position.
Proving Employer Retaliation
While it may be clear to you why your employer refused to give you a promotion or gave you a negative performance review, proving why they did what they did can be challenging. A thorough investigation into your employer’s conduct needs to include not just your testimony, but emails, written documents, co-worker testimony, and circumstantial evidence. A savvy employer will not admit to why they fired or demoted you, but the true reason can be fleshed out by an experienced attorney.
Call a Newport Beach Retaliation Lawyer Today
Employment retaliation occurs every day throughout California workplaces, and most employers get away with it because few employees understand their rights. Here at The Garza Firm, we will not only protect your rights, but we will fight for maximum compensation under the law. Call our Newport Beach retaliation lawyers today at 949-570-8350 to schedule a free case evaluation.