Workplace Retaliation

If you have been retaliated against in the workplace, please call our firm to discuss your claim.

Workplace Retaliation

In the United States, employers are prohibited from discriminating against their employees. Retaliation is one of the most frequently claimed basis of discrimination in the workplace. According to the Equal Employment Opportunity Commission (EEOC), workplace retaliation occurs when an employer takes negative action against an employee who has filed a formal complaint about a workplace discrimination.

In addition to Federal law, many states hold their own laws regarding retaliation in the workplace. In California, workplace retaliation requires: (1) the employer to take an adverse employment action against an employee, (2) because the employee engaged in a protected activity.

What is a protected activity?

In other words, retaliation occurs when an employer punishes an employee for engaging in a legally protected act. A great example of a common protected act in retaliation cases is the filing of a discrimination complaint against an employer or company. However, a legally protected act or activity regarding workplace retaliation can look many ways.

Common examples of protected acts include:

What does retaliation look like?

Similar to protected activities, employer retaliatory behavior varies on a case-by-case basis. The retaliation is clear when an employee is fired directly after filing a complaint with the company. However, the retaliation can be less clear when an employer excludes a certain employer from company meetings or events after a complaint.

Other common ways that employers show retaliation include:

Forms of employer retaliation can be subtle and difficult to pinpoint. There may be circumstances of workplace retaliation that are blatantly obvious. However, more often, the retaliation will be harder to spot.

If you believe you are a victim of workplace retaliation, please contact our firm to discuss the details of your claim and determine what compensation you can recover.

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