In California, your employer cannot retaliate against you for speaking up about workplace discrimination, harassment, or illegal conduct. If you’ve been punished for exercising your right to report workplace misconduct — whether by being docked pay, suspended, or even terminated — you have rights. Moon Law Group, PC, can fight to protect them.
Since 2007, our law firm has exclusively represented employees in disputes against their employers. We have experience with complex and labor-intensive employment claims that affect workers in Los Angeles and throughout the state. As one of the largest plaintiff’s employment law firms in California, we have the resources, the know-how, and the persistence to stand up to businesses that think they can get away with treating their loyal employees poorly.
Contact us online or call today to schedule your free, no-obligation case review and discover how our Los Angeles workplace retaliation lawyers can make a difference. Communications with our attorneys are always confidential, and you pay nothing unless we successfully resolve your case.
How Can a Los Angeles Retaliation Lawyer Help with My Case?
California workers are legally protected from workplace retaliation. If your employer is punishing you for speaking up about employment violations or illegal conduct in your workplace, Moon Law Group can help you take action. We can seek justice on your behalf, including pursuing financial losses and reinstatement of your employment.
Our Los Angeles retaliation attorneys have a hard-earned reputation for the skills, tenacity, and vigor necessary to stand up to businesses of all sizes. We are proud to have a successful track record that includes victories in state and federal courts, as well as millions of dollars in compensation recovered for tens of thousands of employees across California.
When you hire our law firm, we can do the following to build your workplace retaliation claim:
- Explain Your Rights – We can review your case, help you understand the laws that shield employees from retaliation, and discuss your legal options.
- Gather Evidence – We can collect evidence to support your case and establish your claim for compensation.
- File Your Claim or Lawsuit – We can assist you in lodging employment complaints with the relevant authorities. We can also represent you during proceedings that arise from your claim, including settlement negotiations or mediation. If necessary, we can file a civil lawsuit and represent you at trial.
- Protect You from Continued Retaliation – We can take legal measures to prevent further retaliation while your case is pending.
At Moon Law Group, we handle individual claims and have proven experience in collective action and class action lawsuits. These cases allow large numbers of employees who are experiencing similar workplace injustices to stand up for their rights.
For a free legal consultation with a workplace retaliation lawyer serving Los Angeles, call 213-232-3128
Are There State and Federal Laws Against Retaliation?
There are laws at both the state and federal levels that prohibit workplace discrimination, harassment, intimidation, and retaliation.
At the federal level, several laws protect employees, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Civil Rights Act of 1964, and the Americans with Disabilities Act (ADA). If your employer violates your employment rights, you can file a complaint with the appropriate government agency. It is illegal for your employer to retaliate against you for doing so.
At the state level, California’s labor code protects employees from employer retaliation for taking time off for medical reasons and participating in certain authorized activities. It also protects against retaliation for reporting discrimination, harassment, and misconduct in the workplace. You can file state-level workplace retaliation complaints with the California Labor Commissioner’s Office.
Our Los Angeles retaliation lawyers can provide you with more information about retaliation laws and assist you in filing your claims. Reach out to us today to speak with us at a free, confidential case evaluation.
Los Angeles Workplace Retaliation Lawyer Near Me 213-232-3128
What Protections Do I Have for Employer Retaliation?
According to the U.S. Equal Employment Opportunity Commission (EEOC), assertion of your employment rights is a “protected activity.” Therefore, your employer cannot take adverse action (i.e., retaliate) against you for exercising these rights.
Federally protected activities include the following:
- Reporting employment discrimination or harassment to your manager or supervisor
- Refusing to follow orders from a manager or supervisor that would result in discrimination
- Resisting sexual advances or stepping in to protect a co-worker from such advances
- Requesting accommodations for a disability or religious purposes
- Asking managers or co-workers about pay, work hours, and workplace rights to uncover wage discrimination
- Participating in an employer-led investigation regarding discrimination or harassment
- Filing or being a witness in an EEOC charge, complaint, investigation, or lawsuit
- Cooperating with a U.S. Wage and Hour Division (WHD) investigation
In addition to federal protections, California’s labor laws state that employers cannot retaliate against employees for any of the following:
- Filing or threatening to file a claim with the California Labor Commissioner
- Taking time off for jury duty
- Taking time off to appear in court on a subpoena or court order
- Requiring time off because they (or a family member) have suffered harm due to domestic violence or a violent crime
- Taking a limited amount of time off to participate in a child’s school activities
- Taking accrued sick leave
- Requesting and using lactation accommodations
- Disclosing their wages or the wages of others
- Discussing or disclosing information about workplace conditions
- Filing a workers’ compensation claim
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Why Do Employers Retaliate Against Their Employees?
Generally, employers retaliate against employees to protect their self-interests or the interests of the company. Common reasons for retaliation may include the following:
- To punish or discredit an employee who speaks out about misconduct or misbehavior
- To prevent an employee from reporting actions that could result in legal and financial consequences
- To assert control or authority over employees
- Personal animosity toward an employee
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What Are Common Examples of Employer Retaliation?
The following are examples of what is considered retaliation in the workplace:
- Firing an employee
- Demoting an employee or transferring them to a less desirable position
- Cutting an employee’s wages or hours
- Subjecting an employee to increased scrutiny
- Make an employee’s work more difficult (for example, purposely scheduling an employee’s hours to conflict with child care duties)
- Wrongfully reprimanding an employee or giving them an undeserved negative performance review
- Punishing an employee’s family member (for example, canceling a contract with a family member’s company)
- Threatening to report or reporting an employee to the authorities (for example, reporting an employee’s immigration status)
- Spreading false rumors about an employee
- Physically or verbally abusing an employee
If you believe you have been the victim of workplace retaliation, the Los Angeles retaliation attorneys at Moon Law Group can review your claim. Get in touch with us today for a free, confidential case review.
Can I Sue My Employer for Firing Me in Retaliation?
Firing an employee in retaliation is an example of wrongful termination, and you can sue your employer for doing so. Before taking legal action, a retaliation lawyer in Los Angeles can attempt to resolve your claim through negotiations or mediation. If your employer refuses to reinstate your employment and compensate you fairly, we at Moon Law Group can file a lawsuit on your behalf.
What Damages Could I Recover for Employer Retaliation?
The compensation you can seek and the amount of money you can recover will vary depending on the facts of your claim. In general, our Los Angeles retaliation lawyers can pursue:
- Back and Front Pay – We can seek back pay for wages, bonuses, commissions, and employment benefits you would have earned if not for the retaliation and wrongful termination. We can also pursue front pay for future wages, benefits, and earnings if reinstatement to your previous position is not possible.
- Pain and Suffering – We can seek compensation for mental and emotional pain and suffering caused by workplace retaliation and the loss of your job. Additionally, we can seek money to pay for related mental health services and medical treatment.
- Punitive Damages – Though rare, courts will sometimes order an employer to pay an employee punitive damages if the employer engaged in reckless, malicious, or intentional misconduct.
- Legal Expenses – Your employee may be responsible for paying your attorney fees and court costs.
How Long Do I Have to File a Lawsuit for Employer Retaliation?
Under the EEOC, you generally have between 180 and 300 days to file a complaint regarding workplace retaliation. California allows one year from the date of the last occurrence of retaliation to file a complaint with the state Civil Rights Department (CRD).
Once you file with these agencies and receive their responses, you will have a limited time to take action in civil court. Our Los Angeles workplace retaliation attorneys can provide you with more information about the statute of limitations for your case and help you take action before time runs out.
How Can I Prove That My Employer Retaliated Against Me?
To prove your employment retaliation case, you must demonstrate the following:
- Your employer retaliated against you for engaging in a protected activity
- Your employer took adverse actions against you
- The adverse actions were directly tied to the protected activity
- You suffered financial losses and/or mental pain and suffering because of the retaliation
A retaliation lawyer from Moon Law Group can help you gather evidence to support your case. Proof may include wage records, communications between you and your employer, eyewitness testimony, and company documents.
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