General Overview of Retaliation in Employment
Did you or a loved one complain of improper work conditions or improper conduct (like discrimination or harassment) at the workplace? Were you or your loved one punished for doing so? If so, you or your loved one might have been a victim of retaliation. With the help of the experienced and knowledgeable Los Angeles employment law attorneys at the Law Offices of David R. Denis, P.C., you or your loved one could file a legal claim for retaliation. Below is a general overview of retaliation and what a legal claim for retaliation involves.
What is Retaliation?
Retaliation is an unlawful employment practice in which employers or entities take adverse action against employees who participated in protected activities.
What Are the Types of Retaliation?
Los Angeles employment law attorneys know the types of retaliation used against employees who participate in protected activities include:
- Refusing to promote employees;
- Writing a negative reference or evaluation for employees;
- Changing the employees’ working conditions or work shifts;
- Preventing the employees from filing claims or complaining about the employers;
- Terminating the job; and
- Threatening to do any of the previously mentioned activities.
What Laws Are in Place to Protect Employees from Retaliation?
Federal statutes such as Title VII of the Civil Rights Act and every state’s anti-discrimination statutes forbid retaliation against employees who participate in state fair employment practices proceedings, government investigations, and Title VII fair employment practices proceedings.
Additionally, other federal statutes that protect employees from retaliation include the following: the Equal Pay Act (EPA); the Americans with Disabilities Act (ADA); the Fair Labor Standards Act (FLSA); the Age Discrimination in Employment Act (ADEA); the Occupational Safety and Health Administration (OSHA); and the National Labor Relations Act (NLRA).
What Do Employees Have to Prove to Win a Legal Claim for Retaliation?
To have the best chances of winning a legal claim for retaliation, your Los Angeles employment law attorneys at the Law Offices of David R. Denis have to prove the following three elements:
- You (the employee) participated in a statutorily protected activity;
- Your employer undertook adverse action against you; and
- There is a direct causal link between the adverse action and the protected conduct in which you participated.
Did you or a loved one experience retaliatory conduct from an employer? If so, you should speak with a Los Angeles employment law attorney who has experience in retaliation cases. Call our team at the Law Offices of David R. Denis, P.C. at 1-888-355-2948 today to schedule your free initial consultation. The Extreme Justice® legal team accepts your phone calls 24 hours a day just for your convenience. They will work with you to help you obtain your own Extreme Justice® against the employers or entities who retaliated against you or your loved one.
Law Offices of David R. Denis, P.C.
707 Wilshire Blvd., Suite 4300
Los Angeles, CA 90017