San Bernardino Workplace Retaliation Lawyer

Many people already know that employees are protected from being harassed or discriminated against at work. The law also protects you after you file a complaint or take part in a workplace investigation. Your employer is not allowed to retaliate against you or punish you for reporting harassment. Whether you were denied a raise or lost a deserved promotion, a workplace retaliation attorney can help you get the justice you deserve.

What Is Workplace Retaliation?

The United States Equal Employment Opportunity Commission (EEOC) forbids employers from punishing an employee or job applicant who reports harassment. Employees never have to put up with sexual harassment or discrimination. If the employee reports the harassment or refuses to follow an order that causes discrimination, it is against the law for an employer to retaliate.

Unfortunately, there are many ways that an employer can retaliate against an employee. They may issue a reprimand or give a performance evaluation that is unreasonably low. The employer might create a difficult work schedule, spread rumors or threaten to report the employee to the authorities. In some cases, employers even retaliate through verbal and physical abuse.

Retaliation happens whenever your employer tries to punish you for taking part in a legally protected activity like reporting harassment. Employers still have the legal right to fire employees, but it must not be for a retaliatory reason. Some instances of retaliation are fairly obvious, but other cases involve subtle changes in the employer’s attitude or shift reassignments. The action is essentially considered retaliatory if it would deter a reasonable individual from making a similar complaint.

Federal law protects you if you report a complaint to your company or to an agency like the EEOC. Even if it turns out your complaint was incorrect, you are still protected as long as you made the complaint in good faith. There are also laws the protect you if you are a witness in an EEOC investigation or cooperate with investigators. Additionally, federal law protects specific types of whistleblowing. San Bernardino residents also get extra legal protection because California has additional whistleblowing laws.

Examples of Workplace Retaliation

There are many ways that an employer can retaliate against you. While some examples are more obvious and straightforward, retaliation can also be as subtle as receiving a different shift at work. For example, an employer may give a single parent a shift that they could not possibly work. Employers may also change your department or switch you to an unfavorable job assignment.

Getting fired is a glaring example of retaliation, but your employer could also start giving you the silent treatment. While it sounds simple and easy to handle, this type of treatment ostracizes you and makes it harder for you to do your job. Sometimes, employers deliberately use this technique to encourage complainants to quit their jobs.

An employer may retaliate by dropping your hours so that you receive less pay. They may also cut your hourly wage or salary rate as a punishment. If a raise or promotion is available, your glowing recommendation from your last review suddenly disappears. Even though you were told that you would get the promotion, someone with less experience is given the position instead.

Retaliation in the workplace can include harassment, bullying or intimidation. While there are many ways that an employer can retaliate, all of these techniques are against the law. If you think that your rights are being violated, a workplace retaliation lawyer can help you prepare your case.

Workplace Retaliation Statistics

Each year, the EEOC receives about 90,000 complaints. The agency estimates that about a third of these complaints are for sexual harassment, but the EEOC also estimates that an additional 75 percent of workplace harassment cases are never reported at all. A 2016 study by the EEOC estimated that 25 to 85 percent of women have experienced sexual harassment at work. In 2009, men were the victims in 16 percent of claims.

While workplace cultures are gradually changing, a 2003 study found that 75 percent of employees were retaliated against after they spoke out about getting mistreated. Thankfully, support like a workplace retaliation lawyer or the EEOC can help employees receive the compensation that they deserve. From 2010 to 2017, employers paid out $698.7 million through the EEOC’s pre-litigation process alone.

Do I Need to Hire a Workplace Retaliation Lawyer?

If you live or work near San Bernardino, the attorneys at Rizio Lipinsky Heiting can help you get the results you need. Handling the legal process can be complicated, but a qualified attorney can help you out. With the right help, you can file your case, negotiate a settlement and get the compensation you deserve.

Once you initially believe that an employer is retaliating against you, start by talking to your human resources representative and asking for an explanation. If you do not get a reasonable answer, go to a workplace retaliation attorney, your state’s fair employment agency or the EEOC to get help. You will need to prove that there is a connection between your complaint and the retaliatory behavior.

Ideally, you want as much evidence to support your claim as possible. Document the retaliatory behavior and any written documents. To make sure that you have a strong case, consult with an attorney about your complaint. Your attorney can help you figure out the compensation you will likely receive and how to proceed with your case. Through the help of an attorney, you can make sure that your case gets the attention it deserves.