Employer Retaliation Attorney in Orange, California

In the state of California, employees have the right to file a complaint for harassment, discrimination, injustice, work-related injuries, and other workplace violations. However, some displeased employers may retaliate against the employee, deny promotion, demote, or even terminate the employment. If your employer has retaliated against you for complaining, you may be entitled to recover damages through an employer retaliation claim. 

At The Guha Law Firm, we assist employees with reliable legal guidance during these challenging times. Our experienced California employment law attorney will analyze every aspect of your personal situation, decide if you have a claim, and explore your available options to pursue damages.  

The Guha Law Firm is proud to represent clients across Orange, California, and the surrounding communities of Los Angeles, Riverside, and San Bernardino counties. 

What Is Retaliation? 

Retaliation involves any "adverse action" that an employer takes against an employee – or their family members and friends – for filing a complaint about harassment, discrimination, injustice, or engaging in "protected activities." Such adverse actions may include: 

• Withholding promotion

• Firing or terminating employment

• Refusing to hire

• Demoting

• Threatening

• Reassigning

• Decreasing pay

• Denying overtime

• Denying benefits

• Intimidating

• Blacklisting

• Disciplining

• Punitive rescheduling of hours

A seasoned employment lawyer can educate you about what qualifies as a protected activity or adverse action and determine whether you have a retaliation case against your employer. 

Examples of Prohibited Retaliation 

A protected activity involves various activities or actions performed by an employee that are legally protected. Essentially, workers are allowed to participate in protected activities without fear of retaliation from their employers. Some common examples of protected activities in California are as follows: 

• Refusing to follow a discriminatory order. 

• Reporting discrimination or harassing conduct at the workplace. 

• Requesting an inspection by filing a complaint with the California Division of Labor Standards Enforcement (DLSE). 

• Complaint to management regarding disparities in EEO-related compensation. 

• Complaint to an employer or labor union about workplace-related safety and health hazards. 

• Filing a workers' compensation claim. 

• Resisting sexual advances. 

• Refusing tasks that cause actual danger of severe injury or death. 

• Reporting injuries and illnesses to a workplace supervisor or employer. 

• Participating as a witness in another person's discrimination case.

If your employer has retaliated against you for complaining or engaging in a legally protected activity, you need to reach out to a seasoned employment law attorney immediately. Your legal counsel can investigate the conditions and take the necessary steps to establish retaliation. 

Proving Retaliation 

To prove retaliation in your employer retaliation case, you must provide evidence that shows that: 

• You engaged in a protected activity. 

• Your supervisor or employer took a materially adverse action against you in response. 

• You experienced or witnessed unlawful harassment or discrimination. 

• The employer's actions were for retaliation. 

• You suffered some actual harm or damage as a result of the employer's adverse actions.  

What Types of Evidence May Support a Claim of Retaliation? 

Some types of evidence that you can use to support a claim of workplace retaliation include: 

• Verbal or written statements indicating a retaliatory motive. 

• The employer's personal statements. 

• Close timing between the protected activity and the adverse action. 

• Any other evidence that supports the inference of retaliatory intent or action.  

A dedicated lawyer can review all of the surrounding facts of your case and advocate for your best interests. 

Whistleblower 

It is important to note that employees are permitted to "blow the whistle" on an employer for committing fraud, violating health, safety, and labor laws, or participating in unlawful activities. Under the California Whistleblower Protection Act, it is unlawful for any employer or state official to retaliate or attempt to retaliate against a whistleblower – an employee or job applicant who reports an unlawful activity. 

Even though federal and state statutes protect employees from employer retaliation and whistleblower activities, these statutes don't shield employees from the consequences of misconduct or poor performance. Regardless, you should get in touch with a trusted lawyer to review your case and determine whether you have an employer retaliation case. 

Work With a Knowledgeable Employment Law Attorney 

Employees who have experienced workplace retaliation in California for filing a complaint, lawsuit, or engaging in legally protected activities may be entitled to recover damages. However, filing an employer retaliation claim and proving the actual retaliation often involves several complexities. Therefore, hiring a knowledgeable employment law attorney is imperative for proper guidance and to protect your rights. 

At The Guha Law Firm, we have the diligence, skill, and resources to support and represent clients in their employer retaliation cases. As your legal counsel, we can review every detail of your case, explore your possible legal actions, and gather substantial evidence and facts to support your claim. Above all, we will fight meticulously for your legal rights and help you seek relief for any damages suffered.