Orange County Workplace Retaliation Lawyer

California and federal law make it illegal for employers to retaliate against an employee for exercising legally protected rights (known as engaging in a “protected activity”). These include complaining about their wages, discrimination the employee or another is facing, and refusing to do something illegal. Retaliation is usually defined as an employer taking action against an employee that adversely affects their employment (called an “adverse employment action”). If you believe that your employer has unlawfully retaliated against you, contact an employment attorney immediately. Sessions & Kimball is the oldest and largest employee rights law firm in Orange County. We are always happy to help. We know how stressful it is to deal with an employer who doesn’t value you, and we’re here to do everything we can to make sure you get the treatment you deserve. Contact our office by using our contact form,  calling us at (949) 380-0900, or book an appointment online for a free consultation today.

 

Why You Need a Lawyer to Handle Retaliation

Retaliation in the workplace is illegal, and it’s not something you should tolerate. If an employer is willing to break the law and retaliate against you when it’s illegal, it’s likely that they won’t take you seriously when you point it out to them unless you hire a lawyer. When you hire Sessions & Kimball, they’ll know you’re serious. If you let them fire you or demote you for unlawful reasons, you can guarantee that they’ll keep behaving the same way with other employees. It’s not fair to you, and it’s not fair to the people who come after you.

What You Have to Prove in a Retaliation Case

To prove your employer has unlawfully retaliated against you, you must show several things. First, you must show that your employer has taken an adverse employment action against you or treats you in a discriminatory way. Second, you must show that the employer treated you in this manner due to your participating in a protected activity. Finally, you need to show that you suffered damage or harm because of the adverse employment action.

What Is An Adverse Employment Action?

To be classified as an adverse employment action, the action must be materially adverse. This means that the employer’s action would discourage any reasonable employee from engaging in a protected activity. For example, if your employer fires you, it’s definitely going to be considered an adverse employment activity. It can become a little bit more complicated when the action is more subtle than this. Some other examples include changing your hours, transferring you to a different unit, or moving your workspace. These actions are more subtle, and context will matter when you’re trying to show that these are, in fact, adverse employment actions.

What Is a Protected Activity?

The California Government Code makes it illegal for an employer to retaliate because the employee has opposed any practices forbidden by law or because the employee has filed a complaint, testified, or assisted in any proceeding regarding the illegal behavior. Therefore, if you’ve opposed an employer’s unlawful activity or have made a formal complaint or testified in a hearing relating to an employer’s discriminatory or otherwise unlawful behavior, this is a protected activity.

You’re Not Alone

If you’ve been the victim of unlawful retaliation, you’re not alone. At Sessions & Kimball, we have won many retaliation cases. Not only do we want to make sure you get the compensation you deserve, but we also want to ensure that employers know they must follow the law or there will be consequences. Contact our office by using our contact form,  calling us at (949) 380-0900, or book an appointment online for a free consultation today.