How To File A Retaliation Complaint

On Behalf of | Aug 28, 2020 | Employment Law

If you have been shifted from your normal shift only because you received a sexual advance from your employer, this may not constitute illegal retaliation. Retaliation is only unlawful if the law protects the actions that precede the retaliation. It’s against the law for employees to be punished for asserting their rights. However, this varies from state to state. It takes the best labor lawyer Orange County Ca help you understand what entails retaliation at the workplace.

What is Workplace Retaliation?

Retaliation occurs when an employer illegally punishes an employee if he/she has reported an illegal activity such as discrimination or harassment. Sometimes it’s difficult to determine that an adverse employment action was taken because an employee raised the alarm. Retaliation may take many forms; however, the main point is that if you engage in any protected activity, your employer shouldn’t retaliate against you in any way. Some of the examples of unlawful retaliation include:

  • Communicating with your supervisor about employment discrimination
  • Failure to be promoted
  • Decrease in pay
  • Intervening to protect other employees
  • Participating in a complaint process that could have stemmed from a violation of EEO laws. An employer is not supposed to say nor do anything that may discourage employees from taking action in the future.
  • Termination. This may result from raising an alarm when you have been wrongfully terminated and your employer takes adverse actions

What To Do After You Suspect A Retaliation

If you believe in having been retaliated against, communicate this to your supervisor. Through communication, your employer may have a reasonable explanation. If this is not the case and your employer has failed to admit that there was some wrongdoing, you should air your concerns by hiring a labor lawyer to help you file a complaint. Ensure to have documented the retaliatory behavior, this will help with the evidence. Federal law protects employees who have been subjected to retaliation, so you shouldn’t fear to raise the complaint. You should explain to your lawyer on what you think could have triggered the retaliation. Your lawyer will conduct his/her investigation to help support your claim.

Filing A Retaliation Lawsuit

For a retaliation claim to be successful, you will have to prove the below things:

  • You were engaged in protected activity: You engage in protected activity if you oppose or participate in any criminal investigation against your employer’s illegal actions. If you oppose any act that is illegal according to the law, you’re protected from retaliation. On the other hand, if you are willing to bring forward a complaint or to file a charge against your employer with any labor agency, the law protects you
  • As a result, your employer to an action against you.
  • The employer’s action resulted from your activity.

It’s not enough for you to show that you were retaliated against; you must prove that the above three points are connected. Your employer may not be willing to make it possible to prove causation. That’s why you need an experienced labor lawyer to help you. Remember that workplace retaliation may make you miserable if an action is not taken. An experienced lawyer can help you have a negotiation with your employer and ensure your rights have been protected.