What is considered work retaliation in Los Angeles?

Retaliation manifests itself in subtle, passive aggressive and/or overt ways. It can occur in one swift blow or over a prolonged period of time with a series of subtle, yet damaging, injuries. In addition to ultimate employment actions such as termination or demotion, retaliation includes “the entire spectrum of employment actions that are reasonably likely to adversely and materially affect an employee’s job performance or opportunity for advancement in his or her career.

Is retaliation considered harassment?

Retaliation is a form of workplace harassment and can evolve into an intolerable hostile work environment if not addressed.

How do you prove a retaliation case?

There is no one way to prove a case. In some cases, timing of employer’s adverse actions is telling of retaliatory motives but not others. “Retaliation often follows quickly upon the act that offended the retaliator, but this is not always so. For a variety of reasons, some retaliators prefer to take their time: They may wait until the victim is especially vulnerable or until an especially hurtful action becomes possible.” Coszalter v. City of Salem, 320 F.3d 968, 977–78 (9th Cir. 2003). As such the proof you will need will depend on the circumstances that transpired. Often Corporations have a brazen above the law mentality and create a trail of evidence that a skilled attorney can help you identify. We are available to consult with you and to evaluate your case free of charge.

How long do you have to file a LA retaliation claim?

Your deadline to file depends on factors such as the type of employer you work for (public vs private), size of your employer, how long you have worked there, and the type of whistleblowing and retaliation at issue, among other factors. California has multiple anti-retaliation and whistleblower laws, statutes, and protections. One Corporate act can simultaneously violate several laws and lead to multiple claims. Some retaliation claims have to be brought within as little as six months but there are also exceptions that may apply to you. To maximize your chances of obtaining full justice and full restitution, please speak with an attorney at your earliest opportunity.

What to Do If You Are Being Retaliated Against

The best course is to contact an attorney. Your boss, supervisor, co-workers, and even HR may be partaking in illegal actions against you. The weight of corporate power targeting you can break you down and push you out of your job damaging your reputation and ability to continue working. Having an advocate on your side will give you the confidence and strength you need to prosecute your claims and obtain justice and vindication.

Retaliation for Workplace Safety Complaints in Los Angeles

Workplace Safety and Cal/OSHA Retaliation Attorneys – Protecting Employees

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California has a strong public policy favoring safe workplaces for all employees. We are Attorneys representing employees who were retaliated against for making workplace safety and/or Cal/OSHA Complaints.

The Department of Industrial Relations advises that “If possible, employees should try to resolve safety and health issues first by reporting them to their supervisors, managers or representatives like a union.” Addressing issues as they come up may also prevent further injury. However, not all employers take proper remedial action and care about safety and may even react by retaliating or discriminating against you for bringing legitimate, good faith complaints. If you find yourself in this situation, please contact us for a free consultation.

You are protected from retaliation under Labor Code Section 6310(a)(1) if you:

1. Make a complaint (either verbally or in writing) about unsafe work conditions

Must be a complaint about safety in the workplace
No need to prove that the workplace was actually unsafe. So long as you had a good faith basis for making the complaint.

2. The complaint is made to:

The Division of Occupational Safety and Health
Other government agencies that assist the Division
Your employer
Your representative

Examples of complaints relating to workplace safety conditions may include but are not limited to the following:

Exposure to hazardous substances or conditions that may pose a risk of injury to workers on the job
Lack of safety equipment
Lack of training re safe workplace practices

This is a list of just some of the examples that may constitute a workplace safety complaint. It is not a complete list.

You are also protected from retaliation if you participate in safety proceedings by:

Instituting proceedings or requested a safety investigation
Testifying in proceedings (both past and future testimony is protected)
Exercising Cal/OSHA rights for yourself or on behalf and for the good of others
Declining an assignment or refusing to perform work that you fear may harm you
Participating in a Safety Committee
Reporting work related fatality, injury or illness

What are examples of retaliation for reporting Workplace Safety or Cal/OSHA Violation?

Termination
Threat of termination
Demotion
Suspension
Undeserved Negative Performance Reviews
Discrimination in the terms and conditions of employment

The last may be a myriad of different actions intended to make your work life difficult. Some examples include:

Are you receiving a less favorable schedule?
Denied medical accommodations?
Denied promotion?
Excluded and ostracized from important meetings preventing you from doing your job? Set up for failure?

Each case is decided on its own individual facts. Your situation may be different and may still qualify for a retaliation claim as there are many creative ways by which employers may seek to push you out of your job for complaining about workplace safety and/or Cal/OSHA violations.

What evidence do I need to prove that I’m being retaliated against by my employer for making a workplace safety and/or Cal-OSHA Complaint?

Please do not be discouraged. We do not expect that your employer will swear an oath to tell the truth and actually do so. This does not mean that you cannot prevail. Working with an experienced retaliation attorney, you may be able to prove your case using circumstantial evidence – which also can be very persuasive.

1. Evidence that you made a complaint. Your testimony is evidence. However, given that when confronted employers may tend to lie and deny ever receiving a complaint from you, it is a good idea to have a written complaint (email, text, teams message etc.) or at least a writing referencing that you have made a complaint.

2. Evidence that you were retaliated against e.g., evidence of demotion or threat of termination, etc.

3. Must show that the retaliation or discrimination was because of your complaint or the above activities. Factors considered include but are not limited to:

Timing of adverse action/retaliation. Soon after you made the complaint were you treated differently? Some employers do not react immediately by lying in wait for the opportune moment. Hence, this is just one factor.
Employer’s explanation or stated reason for the termination or other adverse action is untrue or a pretext for retaliation. An employer accused of retaliation will offer a purported “legitimate business reason for termination.” An employer may claim, for example, that you were terminated for poor performance rather than whistleblowing. If so, the ball is in your attorneys’ court to show that the employer’s claim is untrue or even if there were some performance issues they were insufficient to motivate the termination.

This is not a complete list. There are many nuances in the law intended to protect you and that also considers the reality that employers seek to retaliate against employees while also trying to evade liability. Your employer is likely guided by in-house or outside counsel. Hence, we highly recommend that you also take advantage of having an advocate on your side.

What should I do if I’m being retaliated against for making a workplace safety or Cal/OSHA Complaint?

Your employer is likely guided by in-house or outside counsel. Hence, we highly recommend that you also take advantage of having an advocate on your side. If you have been terminated or believe that you are being discriminated or retaliated against, please contact us today for a free and confidential consultation with an attorney.

Confidential Legal Consultations. No Fees, Unless You Win! We look forward to helping you.

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