When an employee feels slighted or wronged by an employer, they may claim that they were unfairly retaliated against as punishment. Not only is retaliation illegal, but it can leave a permanent stain on your business’s reputation. However, you don’t have to let a disgruntled current or former employee tarnish the company’s name. Though it may not seem like a big deal, it can deter potential employees, ruin business deals, and cost your company big time. Instead, keep reading to learn how a Los Angeles retaliation claim defense attorney can help defend your business from an unfair retaliation claim.
What Constitutes a Retaliation Claim?
In order for a retaliation claim to be legitimate, it must fall in line with what constitutes this kind of vindication. If an employer takes action against an employer for engaging in a protected activity, it can constitute retaliation claims. This includes participating in filing an EEOC complaint, refusing to commit illegal activities, asserting their rights as a worker, or joining a union.
Any behavior that punishes an employee for partaking in these activities is considered retaliation. This includes firing employees, docking pay, isolating employees, and sending someone home.
However, some employees may take punishment in accordance with company policy as retaliation, especially if they did something they think their employer may not like. However, following company policy is not illegal, giving employers the right to take action against those who break the rules.
How Can I Prevent Future Claims?
In order to prevent claims, ensure you have a clear policy that specifically states the steps you will take as a company to avert retaliation. This means if an employee believes they are being retaliated against, there is a policy in place to help guide them through the steps they should take if they believe they are a victim.
You should also clearly document the reason for demoting or punishing an employee. If they try to claim that they were retaliated against, ensuring you have a paper trail that shows why you took again against the employee is vital to protecting your company from a lawsuit.
Can an Attorney Help?
As previously mentioned, a lawsuit is never easy. When an employee, current or former, accuses you of taking retaliatory action against them, ensuring you have a competent lawyer representing your business is vital.
An attorney will examine all the evidence surrounding the claims, helping to dispel any claims made against you and your business. Not only can a retaliation defense attorney help prove that your company followed the anti-retaliation policy, but they can also help prove that no retaliation took place.
If you’re facing a retaliation claim from an employee, ensuring you have a competent lawyer is crucial to protecting your business. Reach out to the Lee Law Offices to connect with a lawyer and learn how we can help your company from untrue claims.
