State and federal labor laws strictly forbid employers from retaliating against employees for taking legally protected actions. In other words, your employer is legally prohibited from retaliating against employees who are filing a complaint or report with internal or external authorities. This includes punishment for protected activities like reporting safety issues to OSHA, contacting human resources about discriminatory policies, or reporting illegal activity to law enforcement. The same applies to employees who make complaints regarding their wages.
It is illegal to terminate, demote, harass, refuse promotion, alter benefits, change job assignments, or otherwise retaliate against an individual for filing a complaint or lawsuit against an employer for discrimination or harassment, or to receive deserved benefits under various labor laws.
Retaliatory actions range from harassment to demotion to salary loss or reduction in hours. They can also be disguised as routine reassignment or a reason for termination that tries to seem legitimate. If you suspect that your employer or manager is retaliating against you, our team will hear you out and can help you build a case to ensure proper compensation.
Federal and state laws protect employees from adverse workplace situations, such as those involving retaliation, discrimination, or harassment. If you have been a victim of workplace discrimination or retaliation, you may be entitled to reinstatement, compensation, or both for your unlawful treatment and lost wages. Our knowledgeable employment attorneys are here to help you prove retaliation and find justice.
To successfully negotiate retaliation claims against an employer, our office will work with you to clearly prove the employer’s act was based on a reason not in accordance with state and federal law. The attorneys at Employment Law Assist will help you develop a strong case, and will assist you in gathering the evidence needed to prove retaliation. Many times, the evidence in your possession is enough to develop a strong case. Emails showing harassment or discrimination can provide support to your case in addition to letters, texts, voicemails, and other documents. For more information, please contact us to better understand what you can do to prepare the evidence needed to pursue a claim.
The Equal Employment Opportunity Commission (EEOC) protects individual employees and workplaces from cases of workplace discrimination or retaliation under Federal Law. Unlawful employer retaliation includes cases such as:
Settlements for workplace retaliation are typically based on factors including:
Value of Benefits Lost:
Working with a workplace retaliation attorney can help you determine a reasonable estimate based on the circumstances of your case, but there is no guaranteed amount until your settlement has finalized. In California, The average claim value is approximately $40,000, so if you have suffered retaliation or harassment from your employer, it’s worth talking to a workplace retaliation lawyer.
To file an employer retaliation claim, we strongly recommend contacting our employment attorneys for legal assistance and guidance throughout your retaliation case. Federal law protects employees from unfair actions in the workplace to create a stable, healthy working environment, but federal laws are also extensive and difficult to navigate. Our employment attorneys are equipped with the knowledge and experience that provides the most manageable and beneficial experience for you.
If you have evidence that supports your discrimination claims, contact our retaliation attorneys and start the process today. Employees face retaliation every day and it often goes unpunished. Use the power of the Equal Employment Opportunity Commission, Civil Rights Act, Employment Act, and every other resource that’s been established instead of suffering another day.
There are very few instances where overtime pay is not required federally or by state law. According to the California Department of Industrial Relations, “California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work” If your overtime has gone unpaid as a negative action or otherwise, you may be entitled to compensation.
The best thing to do right away is document everything related to the unlawful activity. Rather than speak to someone over the phone or in-person, use text or email. Either method allows your conversation to be recorded and may be used as evidence if legal action is necessary.
Oftentimes, clients will try to take matters in their own hands. For example, employees think if they secretly record in-person conversations, the recording will be the proof they need. Not only are secret recordings illegal in California, but there’s a chance the illegal recording can’t be used as evidence at all.
If you suspect your employer is acting unlawfully, contact our office immediately. Our intake staff will get the information needed for an attorney to guide you through this process.
We will handle your case on a contingency fee basis, which means, you don’t pay a thing unless we win or settle your case.
We pay all case costs and expenses from start to finish. You pay $0 out of pocket expenses. If your case is unsuccessful for any reason, you owe us nothing, we guarantee it.