Workplace retaliation occurs when an employer penalizes an employee for engaging in legally protected activity. This may include filing a sexual harassment or discrimination claim or reporting illegal activity. It is unlawful for employers to retaliate against employees for doing something they are legally allowed to do. If you think you might be facing workplace retaliation but you are not sure, our Los Angeles employment law attorneys have put together four common examples of workplace retaliation.
#1: Wrongful Termination
Termination is one of the most common forms of workplace retaliation. Although California is an at-will state – meaning an employer can terminate a worker at any time, and for any reason, it does not apply to retaliation. Employers cannot fire a worker to punish them for filing a work complaint or for reporting illegal activity occurring in the workplace. If you were terminated, our team at Hennig Kramer Ruiz & Singh, LLP can help you.
Getting demoted is another common form of retaliation. Employers often give workers an undesirable workload or change a person’s title altogether. Employers are prohibited from demoting a worker as a form of retaliation. If an employer decided to demote a worker, they must have sufficient evidence that the demotion occurred because of the employee’s work performance entirely.
#3: Refused Promotion / Raise
If you received a poor performance review and were not given a raise when it typically is otherwise, you might be facing workplace retaliation. Employers often reject raises and promotions as a form of retaliation after a worker participates in a protected activity. If you believe your job performance proves that you deserve a raise and promotion but it was denied to you after filing a claim, you might have a valid case.
Exclusion is another form of retaliation. If your employer gives other employees benefits, such as taking them to dinner, but excludes you, it could be considered a form of retaliation. Retaliation ultimately occurs when you are “punished” for taking actions that could be inconvenient for the employer – however, this is unlawful.
If you believe that you are facing retaliation in the workplace, contact us today at (213) 292-5444 to schedule a consultation!