Los Angeles Retaliation Attorneys
Learn how Employee Rights Attorney Group protects employees from retaliation.
We handle retaliation claims differently. At Employee Rights Attorney Group, our Los Angeles retaliation lawyers preferences are to provide guidance, free of charge, while you are still employed and in the eye of the storm. Do not wait until you are fired to reach out to an attorney. Speak to a retaliation lawyer as soon as you see the writing on the wall. If you are being retaliated against, it is most likely because you are a whistleblower.
Los Angeles (and California) courts recognize that the more serious the violation, the “more likely supervisors would become annoyed or angry at [plaintiff] for complaining and seek to retaliate against him.” See Lewis v. City of Benicia, 224 Cal.App.4th 1519, 1534 (2014). Corporations, with the help of HR and their legal counsel, begin building a paper trail against you at the earliest opportunity months before they fire you for a contrived reason to deflect attention from their ill motives. We are available to guide you through this difficult time. If you are already terminated, we will make every effort to begin working on your case at the earliest opportunity.
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.” Yanowitz v. L’Oreal USA, Inc., 36 Cal. 4th 1028, 1053–54 (2005). Below are some signs of retaliation at work:
- You are denied medical accommodations or benefits
- Employer violates its own policy in denying benefits that others regularly enjoy
- You receive undeserved negative performance reviews
- You are excluded from important meetings, events, conversations
- Your workload is substantially increased making it impossible to keep up
- You are required to meet impossible deadlines setting you up for failure
- Your key, long-term clients or accounts are reassigned to other employees
- Your expense accounts are rejected or questioned
- You are denied a promotion or a raise your were expecting
- Your reputation within the office is undermined by unfair criticisms
- You are harassed at work and/or your work environment is hostile
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?
Please contact an attorney as soon as possible to determine your applicable statute of limitations and other deadlines. Please do not rely on the internet to determine your deadline to file.
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.