Los Angeles Retaliation Attorney
Facing illegal retaliation at your workplace is disheartening and traumatizing, but it’s crucial to stand up against such actions. If you’ve experienced retaliatory treatment after engaging in protected activities, reach out for help immediately.
Our Los Angeles retaliation attorneys will help you fight against such injustice, aiming to right these wrongs. If you need help, contact Sessions & Kimball, LLP, to schedule a free consultation with a Los Angeles employment attorney.
Why You Need an Attorney For Your Retaliation Case
Workplace retaliation, unfortunately, is more common than people think. If this has happened to you, it’s essential to seek assistance from an experienced retaliation attorney in Los Angeles. Here’s how they can help you:
Knowledge of the law: The laws surrounding retaliation can be quite complex. Between understanding protected activities to learning how to file a retaliation claim, this isn’t something that should be handled alone. An experienced employment lawyer has the knowledge needed to give you the best chance at a successful outcome.
Protection against retaliation: The simple act of hiring legal representation sends a strong message to your employer. This is likely to stop them from taking any further retaliatory measures and possibly even correcting the ones they already took.
Experience in litigation: If your case can’t be handled outside of court through discussions between your lawyer and the employer, a lawyer can file a lawsuit in certain cases and fight for your rights in court.
If you need help with this type of claim, the lawyers at Session & Kimball, LLP are always here for you.
What is Retaliation?
Retaliation is any adverse action that an employer takes against an employee that is related to the employee’s engagement in protected activities.
“Retaliation occurs when an employer (through a manager, supervisor, administrator or directly) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity…
An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity.”
Protected activities may include filing a complaint, testifying about harassment or discrimination, or any other action that an employer might think is detrimental to their interests.
Examples of retaliation might include firing an employee who files a complaint, transferring an employee to an undesirable position, or reducing an employee’s salary or benefits.
What to Do When Retaliation Occurs
Retaliation can be stressful and traumatic, but don’t let fear keep you from taking action. Here are the steps you need to take when you feel like you’re being retaliated against:
- Document every incident of retaliation, including dates, times, and what occurred.
- File a complaint with your employer’s HR department.
- Contact an experienced Los Angeles retaliation attorney who can assist you in filing a complaint with the Equal Employment Opportunity Commission (EEOC).
- Be careful about your behavior during this time; avoid any actions that could negatively impact your case.
If retaliation occurs, we’re here to help you fight back. Contact us to schedule a free consultation.
Proving Retaliation
Proving retaliation can seem like an overwhelming process, but working with an experienced attorney and understanding the steps can help ease some of the stress. Here’s an overview of how to prove retaliation:
Establish Protected Activity: The first step involves proving that you participated in a protected activity – like filing a complaint about occupational safety and health, whistleblowing against illegal practices at your workplace, or taking medical leave under the Family and Medical Leave Act (FMLA).
Demonstrate Adverse Action: You must be able to show that you were subjected to an adverse action after partaking in the protected activity. This could include being demoted, disciplined, unfairly scrutinized, or even having your hours or work location changed to be more inconvenient.
Show a Causal Connection: You must draw a clear line linking your protected activity to the negative employment action you faced afterward. In other words, show that you wouldn’t have faced such adverse actions had it not been for engaging in said protected activities.
Gather and Present Evidence: Assemble any possible evidence that could substantiate your claim, such as emails, witness testimony, and documents relating to the protected action you took.
Counter Employer’s Defense: Employers may defend their actions by providing non-retaliatory reasons for the adverse action taken against you. It is crucial to have strong counter arguments or evidence that contests these reasons, demonstrating that they are merely pretextual and masking actual retaliatory motives.
Proving retaliation at the workplace can be challenging, but with the help of a Los Angeles retaliation attorney, you can build a strong case.
Schedule a Free Consultation With a Retaliation Attorney
As an employee, standing up against wrongful practices and exercising your rights in the workplace shouldn’t cost you your job or work privileges. Unfortunately, retaliation occurs more often than anyone would like, but you’re not alone in this.
At Sessions & Kimball LLP, we specialize in protecting the rights of employees who’ve faced retaliation. Taking the first step may seem overwhelming, but we’re here to give you the necessary support and representation. Contact us today to schedule a free consultation.