We are employer lawyers.
Why Hire a Workplace Retaliation Claims Attorney?
The question, “Why hire a workplace retaliation claim attorney?” can best be answered by the fact that employer retaliation is not legally acceptable. Labor and employment laws, particularly in California, are difficult to navigate. An expert, employer-focused lawyer for workplace retaliation will be able to guide employers in the right direction in order to protect the employer financially and reputationally.
All employers should be aware that, “Employees and applicants for employment in California have the right to exercise their labor rights without retaliation or discrimination. The Labor Commissioner’s Office enforces more than 45 labor laws that specifically prohibit discrimination and retaliation, including Equal Pay Act violations,” per the State of California Industrial Relations website and its Retaliation Complaint Investigation Unit (RCIU). Employers should pro-actively prepare accordingly, and engaging the right workplace retaliation lawyer can be the best defense.
What Is Workplace Retaliation?
An employee can claim retaliation for an adverse employment action taken against them that may include but are not limited to:
- Termination, suspension, transfer, unwanted reassignment, demotion, or reduction in responsibilities
- Pay cuts, reduction in benefits, or reduced hours
- Denial of promotion in which the employee is qualified
- Disciplinary actions or threats
- Adverse change in shifts
- Creating a hostile or isolated environment in the workplace
- An unfair or inaccurate performance evaluation
- Verbal or physical abuse
- Spread of false information or rumors
If any of the above happens following an employee reporting an example of what employees are legally protected against, such as discrimination or harassment, that may constitute retaliation, if proven. The closer the perceived retaliation is to their reporting the perceived incidence (causal link), the more the likelihood that the retaliation claim may be perceived to be valid.
When an employee chooses to raise a retaliation claim, the RCIU may choose to investigate the workplace retaliation complaints or issue a Right to Sue Letter for the employee to file a claim in court. Employers should be prepared when this happens. The best situation, however, is for employers to take all of the necessary precautions, provide the proper training, and adhere to policies and procedures that make it unlikely that a retaliation claim will be brought against the organization.
An Employer-side Lawyer for Workplace Retaliation Defends Against Retaliation Claims
Workplace discrimination and retaliation may be connected, as retaliation may be considered a form of discrimination. When an employee, even if they are not the alleged victim, reports a situation in which they feel there has been discrimination – or harassment – they cannot be retaliated against. This holds true if they participate in an investigation of a discrimination or harassment claim. An employer should also be aware that it is possible for an employee to win a retaliation case even when another employee’s claim of discrimination or harassment has not been proven.
Retaliation in the Workplace Is Illegal. Employers: Be Prepared
Engaging a professional workplace retaliation lawyer can help to ensure that employment law compliance is established and followed throughout the organization. They understand that a retaliation claim could potentially be brought against the employer if the employee has discussed a potential discrimination or harassment violation, an employee is unwilling to act in a manner that could result in discrimination, requesting an accommodation that the employee is entitled to (such as a disability or religious practice), or requesting salary information in order to understand if wage discrimination may be happening.
These are just a few examples of the value a lawyer for workplace retaliation can provide to employers for adhering to workplace discrimination and retaliation compliance. If a claim is brought against an employer, an expert workplace retaliation lawyer will understand what constitutes a legitimate case. If it is valid, their extensive knowledge in this highly specialized area of law enables them to develop the most strategic and sound defense for the employer.
Asking the Question, “Is There a Workplace Retaliation Lawyer Near Me?”
The answer is, “Yes!” Chauvel & Glatt. We are experts in navigating labor and employment laws in California, where the laws are some of the country’s most complicated and most favorable to employees. Our holistic experience in employment law allows us to provide guidance to our clients (business owners, employer) in developing practices and procedures that result in meticulous performance and internal communications documentation and the preservation of relevant documentation, ready if the need arises.
In addition, we help our clients develop pro-active, thorough, clearly articulated and communicated, legally compliant policies pertaining to retaliation, discrimination, harassment, EEO, and all protected activities in the workplace. The cost of not doing so can be exorbitant in terms of damages.
Our number one goal will always be to partner with each and every client to minimize and mitigate risks in order to protect your business or organization in the challenging world of labor and employment law in California.