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 suspected illegal activity.
It is unlawful for employers to retaliate against employees for these legally-protected actions. 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
Wrongful termination is one of the most common forms of workplace retaliation. California is an at-will state – meaning an employer can terminate a worker at any time, and for any reason. However, it does not apply when the employer uses termination as a form of retaliation.
Employers cannot fire a worker to punish them for reporting sexual harassment, discrimination, or illegal activity. They also cannot fire an employee for filing a workers comp claim after an injury. occurring in the workplace. If you believe you were wrongfully terminated, our team at Hennig Kramer Ruiz & Singh, LLP can help you.
Getting demoted is another common form of retaliation. An employee may be officially demoted by receiving a change in title or they may be given an undesirable workload and fewer opportunities for growth. 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 solely because of the employee’s work performance.
#3: Refused Promotion / Raise
If you received a poor performance review or were not given a raise when expected, 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, you might have a retaliation 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. The impact of workplace exclusion is often underrated. Employees who feel ostracised at work often see a decrease in productivity, a lack of respect for supervisors, and poor attendance.
If you believe that you are facing retaliation in the workplace, contact us today at (213) 310-8301 to schedule a consultation!