Employers who needlessly punish employees for engaging in legally protected activities are committing a form of retaliation. Punishable through civil litigation, retaliation costs employees their reputation, financial stability, not to mention their opportunity to advance within the company. The EEOC, along with other governing bodies, protect employees who wish to report litigable retaliation.
At JML Law, we’ll provide a Los Angeles retaliation attorney well-versed in employment law to clients seeking financial retribution. Employees who cooperate with EEOC are granted immunity from further punishment, including termination. Our firm, too, cooperates with the Equal Employment Opportunity Commission and other agencies with a vested interest in retaliation investigations ongoing.
Retaliation Is Prohibited. Here’s Why.
An employer who rightfully terminates employment based off failed performance isn’t retaliating. However, companies who dismiss employees for reporting illicit workplace activities but falsely report the termination as performance-based are breaking the law. Employers are generally forbidden from retaliating against employees who make a good-faith effort to report wrongdoing, or those employees of different protected classes such as race, religion, nationality, or gender.
“Retaliation” isn’t prohibited because it’s unethical; anti-retaliation laws simply allow employees to enjoy full Civil Rights Act protections without feeling terrorized for reporting violations. Engaging in protected activities, such as whistleblower or qui tam, protects the workplace atmosphere and is thus written into anti-discrimination and anti-retaliation laws. Our Los Angeles retaliation attorney takes an ethical yet holistic approach to all retaliation-based suits, properly preparing cases to pass the “objective test” required to prove retaliation existed.
Most Californian workplaces should have an EEOC poster which clearly outlines retaliation. One thing employees rarely see on EEOC literature, however, is what retaliation actually consists of. Because laws generally concentrate on the reaction and not the definition, “retaliation” is really a gateway to a much larger workplace problem. JML Law sits down with clients to explain, in layman’s terms, what retaliation means in the eyes of the law.
Workplace Retaliation Is Monetarily Punishable
Since retaliation actually manifests in the form of some type of abuse, your Los Angeles retaliation attorney is fighting a reaction to whatever legally protected action was taken by employees. For example, if the employee reported unsafe conditions and was demoted without merit, JML Law would be litigating discrimination to some degree.
Employers must prove adverse employment action was directly performance or attendance related; taking these actions during an EEOC investigation may seem harmful on the surface yet could be completely innocent. This is why the US Supreme Court requires the objective test in retaliation cases as it removes any doubt.
Retaliation is a serious allegation. Employees should be prepared to back their claims with verifiable proof, complete with dates and times of incidents and any witnesses to the discriminatory acts. Once you’ve retained our Los Angeles retaliation attorney, discovering any missing pieces and constructing a fact-filled case will be their main priority.
If you’ve done the right thing and reported workplace injustices, and an employer has retaliated, contact our Los Angeles retaliation attorney for a comprehensive case evaluation at no cost.
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