It is no secret that finding and maintaining employment is hard work. For many people, it is the key to a stable and comfortable life. The right job can provide opportunities for growth and enrichment that are not available in other aspects of life. Employment also allows people to contribute their time and skills to something larger than themselves, making them part of something greater with the added benefit of a regular paycheck.
For these reasons, it is understandable that people get upset when they feel their job is in jeopardy. Unfortunately, this feeling of insecurity can sometimes lead to workplace retaliation. Retaliation in the Glendale workplace is more common than you might think. Sometimes, employers who feel threatened by an employee’s complaints or demands take retaliatory action in an attempt to silence the individual and dissuade others from speaking up. Whistleblower retaliation is illegal, and if you suspect that you have been the target of workplace retaliation, you have the right to take legal action.
At MM Law APC, we have a long history of fighting for the rights of employees who have been wronged by their employers. We understand how challenging it can feel to stand up to a powerful company or individual. Our Glendale retaliation lawyers have successfully represented employees in a wide range of industries, giving us the legal tools necessary to get you the best possible outcome in your case. We can skillfully help you reverse the damage done by retaliation and get the justice you deserve.
Workplace retaliation happens when a Glendale employer moves forward with an adverse action against their employee because that employee has engaged in an activity that is protected. In other words, the employer punishes the employee for doing something that the law says they have a right to do.
There are a number of different actions that can be considered retaliation, but some of the most common include:
For an action to be considered retaliation, it must be taken because the employee has engaged in the protected activity. Protected activities are those that are related to an individual’s civil rights or workplace rights. Some examples of protected activities include:
If you have engaged in any of these activities and have subsequently been the victim of workplace retaliation, you may have a legal claim.
Retaliation cases could be more difficult to win than other types of employment law cases because they often involve the employer’s intentions. The intent behind an employer’s adverse action is always a tricky thing to prove because there is usually no direct evidence of what an employer was thinking during the time they took the adverse action. However, there are a number of ways to show that an employer was motivated by retaliation, including circumstantial evidence such as the timing of the adverse action in relation to the protected activity.
A strong retaliation case will typically involve evidence that the employer was aware of the employee’s protected activity and that the adverse action was taken shortly after that activity occurred. This can be shown through emails, performance reviews, or other communications between the employer and employee. Direct articulation of retaliatory animus by the employer is not required, but it is the most persuasive evidence of retaliation.
Employees generally have one year from the date of the retaliatory action to proceed by filing a claim. This is also known as the statute of limitations. There are exceptions to the statute of limitations, so it is important to speak with an experienced attorney to determine the appropriate deadlines for your case.
You are not required to have an attorney to file a retaliation claim, but it is advisable. Employment law is complex, and an experienced attorney will be familiar with the relevant laws and regulations. An attorney can help gather crucial evidence to support your claim, and they can help you navigate the process in ways that are designed to maximize your chances of success.
The penalties for retaliation will vary depending on the specific facts of the case. In some cases, the employer may be required to pay the employee’s lost wages and benefits, as well as any attorney’s fees and costs incurred in pursuing the claim. In other cases, the employer may be required to reinstate the employee to their former position or take other corrective action. In some cases, the employer may be liable for punitive damages. The only way to know what penalties may be available in your case is to speak with an experienced attorney.
If you believe you have been the victim of any form of workplace retaliation, such as sexual harassment whistleblower retaliation, get in contact with MM Law, APC. Our experienced employment law attorneys can review your case and advise you of your legal options. Our philosophy is simple: we follow our values of empathy, professionalism, integrity, empathy, and honesty, and we are dedicated to achieving justice. We level the playing field by using the law to hold powerful employers accountable for the unfair treatment of their employees. Contact us today to begin pursuing the justice you deserve.