How to Prove Retaliation at Work
Employees have a legal right to be free from sexual harassment and discrimination at work. If you’ve complained of sexual harassment, discrimination or other misbehavior in the workplace, and you believe your employer is now retaliating against you for speaking up, you may be able to bring a retaliation lawsuit. To be successful in a lawsuit, retaliation by your employer will need to be clearly proven.
GET EXPERIENCED HELP WHEN YOU’VE FACED SEXUAL HARASSMENT RETALIATION OR OTHER RETALIATION AT WORK
Proving retaliation by a supervisor, manager or other authority can be very hard. You’ll have to show that the employer’s negative action against you was directly taken to punish you for filing a complaint.
An employment attorney from our law firm can help. We have extensive experience taking on employers who retaliate against employees engaged in protected activities, and that includes standing against sexual harassment and discrimination. When you’re the subject of employer retaliation, you can rely on Gilleon Law Firm to safeguard your rights. Call us at 800-408-2857 today to learn what we can do for you.
How Do You Win a Retaliation Lawsuit?
INCREASE YOUR CHANCES OF SUCCESS IN A RETALIATION LAWSUIT BY GETTING THE ASSISTANCE OF AN ATTORNEY WHO IS WELL-VERSED IN TAKING ON UNETHICAL EMPLOYERS
Retaliation can seem obvious or it can be very subtle. For example, if you are suddenly fired or demoted after filing a harassment or discrimination claim against your employer, it seems obvious you are being punished. But what if you are quietly passed over for a promotion you were expecting to get? Or what if you weren’t offered the training you need to advance to the next level at work, even though you were promised it in the past? How do you make the connection between your discrimination complaint and your employer’s unfair actions? We can help you.
Just How Hard Is It to Win a Retaliation Lawsuit?
Most people go to work to earn a living and feed their families. They aren’t used to being involved in employer-employee legal conflicts. It can seem very hard to win a retaliation lawsuit. When you have a knowledgeable employer retaliation lawsuit attorney on your side, though, you’ll increase your chances of winning. Our attorneys have a record of achieving justice for employees who have been unfairly victimized by unscrupulous employers. We understand what kind of evidence is needed to link sexual harassment and discrimination complaints to employers’ retaliatory actions.
We’ll work to show:
- YOUR COMPLAINT WAS A PROTECTED ACTIVITY – In legal terms, a protected activity is one you can engage in at work without fear of being retaliated against by employers. Because you have the right to be free from harassment or discrimination at work, making a complaint about them is considered a protected activity.
- YOU WERE THE VICTIM OF AN ADVERSE EMPLOYMENT ACTION – If following your complaint, a negative action is taken against you that you believe wasn’t warranted, we’ll investigate your employer’s actions. We can advise you if you are unsure about what kind of evidence you’ll need.
- THE LINK BETWEEN YOUR PROTECTED ACTIVITY AND YOUR MISTREATMENT – Be sure to keep a file of any emails and other evidence you may have that potentially documents how your complaint led to retaliation. Keep your own written record of everything that happened between your protected activity and the alleged retaliation. Also, add your positive performance reviews to your file, which may help show how your employer’s treatment of you changed.
You don’t have to be the actual victim of sexual harassment or other discrimination to be legally protected from retaliation. If you spoke up to defend someone else from these negative behaviors, you are also protected. For instance, as just one example, if your coworker filed a sexual harassment lawsuit against your mutual supervisor and you acted as a witness for your coworker and were then demoted, you may have a strong case for a retaliation lawsuit.
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Dan treated me with respect and kindness. He is tough when needed and acts with integrity and class. I received the best possible outcome and was kept informed of the entire case.
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Dan was very helpful during a really rough period in my life when I felt alone. He provided support in helping me fight and win my case. I would refer him to anyone who is looking for the best Sexual Harassment attorney.
- Brianna G., Restaurant Supervisor
DIGITAL WORKPLACE HARASSMENT
Dan Gilleon went above and beyond to get me the justice I deserved. He really believed in me and fought hard to give me much needed closure. Thank you Dan!
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What is the Average Settlement in a Retaliation Lawsuit?
It’s hard to pinpoint average settlements in retaliation lawsuits. How much you could get will depend on all the individual circumstances of your unique case. What you could get in a settlement with your employer will typically depend on how badly the retaliation affected your life and well-being both financially and emotionally. It can also depend on how poorly your employer behaved. Finally, how much you could get will also be determined by how skillful the attorney is who handles your case. Call us at 800-408-2857 to learn more.
It’s hard to pinpoint average settlements in retaliation lawsuits. How much you could get will depend on all the individual circumstances of your unique case. What you could get in a settlement with your employer will typically depend on how badly the retaliation affected your life and well-being both financially and emotionally. It can also depend on how poorly your employer behaved. Finally, how much you could get will also be determined by how skillful the attorney is who handles your case. Call us at 800-408-2857 to learn more.
What laws protect me from employer retaliation?
California has multiple laws meant to protect workers from discrimination, harassment and retaliation at work. Victims of employer retaliation can file a complaint with the state’s Retaliation Complaint Investigation Unit. In general, complaints must be filed within six months of the act of retaliation. There are exceptions to this deadline, including for victims of sexual assault, which has a two-year deadline. When you have questions or if you’ve missed the state filing deadline, speak with an attorney about your legal options. There are also federal laws that protect workers from retaliation.
What are ways that employers retaliate against employees?
There are many ways that employers may retaliate against employees who lodge complaints against them. They include:
• Passing employees over for promotions and raises
• Reducing employees’ salaries
• Giving employees poor performance reviews
• Taking unwarranted disciplinary actions against employees
• Transferring employees to less desirable jobs
• Refusing to transfer them to better jobs
• Demoting workers
• Denying employees training opportunities.
Sometimes employees are fired in retaliation. When this happens, it can be grounds for a wrongful termination lawsuit.
What will an attorney do to stop my employer from retaliating against me?
If you believe you’ve been retaliated against, we will examine all the evidence in your case and counsel you about your options for taking legal action. Depending on the strength of your evidence, you may be able to sue your employer for retaliating against you. If after reviewing all the circumstances we believe you have a strong case, we’ll seek to negotiate a settlement for compensation or take your case before a judge or jury.
What damages can I get in a retaliation lawsuit?
You could get compensation for your economic losses, which include money you lost because you were passed over for a raise or promotion, or the wages and benefits you lost when you were fired. You could also potentially get compensation for the emotional distress the retaliation has caused you. If your employer’s behavior was especially bad, punitive damages might also be awarded. Punitive damages are meant to punish employers who engage in egregious wrongdoing against workers.
Don’t hesitate to get legal advice if you think you were retaliated against. You have rights in the workplace, including the right to not be discriminated against or harassed. You have the right to complain about this behavior if it has happened. If you brought a sexual harassment case, hostile workplace lawsuit or other complaint and were retaliated against by your employer as a result, we can help you. Schedule a free consultation with a knowledgeable California attorney by calling 800-408-2857 today.
What Makes a Strong Retaliation Case in California?
The strongest cases have documented evidence that shows a direct and clear link between the protected activity and the retaliation. For example, if you have emails or voicemails from the manager or supervisor who acted against you in which they voice their displeasure because you spoke up about harassment or discrimination, this could be strong evidence that links your protected activity to their retaliation.
OTHER EVIDENCE TO PROVE A RETALIATION CLAIM IN CALIFORNIA
Also, your employment record can help prove retaliation. How long you worked for the company, your positive performance reviews, your reputation at work and other things may be used as evidence. The timing of the negative action can also be very significant in helping prove a case. If you have recently filed a complaint about harassment or another kind of discrimination, or just got through testifying in court on a co-worker’s behalf, and you are suddenly demoted, passed over for a promotion you were expecting, or fired, this could help prove retaliation.
But even if significant time has passed between the protected activity and what you believe are unfair actions by your employer, you shouldn’t hesitate to have an attorney review your case. Our employment attorneys understand all the intricacies and nuances that may help prove retaliation claims.
CONTACT A SKILLED EMPLOYER RETALIATION LAWSUIT ATTORNEY WHEN YOU NEED HELP
Your livelihood shouldn’t be threatened because you stood up against discrimination and harassment in the workplace. Gilleon Law Firm will work hard to see that you get justice. Call us at 800-408-2857 to arrange a free consultation about your case.
