It should go without saying that retaliation in the workplace is unlawful in the Golden State. If you have been accused of retaliating against a current or former employee, please read on, then contact an experienced Los Angeles retaliation claim defense attorney to learn how to deal with a retaliation claim in California.
What constitutes a valid retaliation claim in California?
Retaliation in an employment setting occurs when an employer, or someone acting on its behalf, takes action to harm an employee in response to the employee’s action. If your employee complained about his or her supervisor’s discrimination based on sex, gender, age, race, nationality, and you, the employer, fired or demoted the employee, then the latter can file a lawsuit based on retaliation. At that point, you will need to prove that his or her termination or demotion was based on your best business judgment and unrelated to the discrimination complaint.
What rights do employees have in California?
Under the Equal Employment Opportunity Commission and the California Fair Employment and Housing Act, employees have the legal right to engage in the following behaviors:
- Reporting wage and hour discrepancies, incidents of harassment or discrimination, or safety violations
- Cooperating with a legal investigation into a business
- Participating in unionization efforts
- Requesting certain reasonable accommodations in the workplace because of their religion or disability
- Using FMLA to take time off work
- Refusing to take part in illicit conduct
If your best business judgment is based on any of those legal actions, you could be subject to a retaliation claim.
How can a California labor lawyer help you fight a retaliation claim?
A skilled Los Angeles County, California employment attorney can help you prevent such retaliation claims from occurring in the first place by helping you draw out your business practices in a clear and unambiguous written contract. Our firm will also fight to prove that you were not retaliating against your employee, but simply following company policy. We will fully apprise you of your rights and responsibilities in this and other legal matters as well as give you an honest assessment of your case. A qualified legal representative will help collect, draft and present the documents needed to prove your case in court. If you have been accused of retaliating against an employee who may have a valid claim, you can’t afford to go it alone. Please give us a call today.
Contact Our Experienced Los Angeles Firm
Whether you are an employer or an employee involved in an employment-related dispute, you can rely on the legal team here at Lee Law Offices to fight for you. Our firm has significant experience in matters involving church and commercial litigation. Contact us today so we can discuss your situation and determine the best path forward.