Merced Retaliation Lawyer

Merced Retaliation Attorney

You should not be fired, demoted, or otherwise discriminated against at work for reporting unlawful practices, discrimination, or harassment. When you have been retaliated against at work, you need an advocate in your corner who will stand up for you. A Merced retaliation lawyer can help you navigate the complex area of employment law to help you understand your rights and pursue justice.

About Asbill Law Group

Workplace retaliation is illegal under both federal and state law, but many employees are treated unfairly after they make a complaint or otherwise oppose illegal practices. We are here to ensure your voice is heard.

Here at the Asbill Law Group in Sacramento, we take every case seriously. Our attorneys are more than just working at a job. We care about people, and we are passionate about helping our clients. We are invested in our client’s success, and we work hard to deliver that success. We practice in the areas of business litigation and employment law, and we represent small and mid-sized businesses and employees throughout the Sacramento Valley and beyond.

Understanding Workplace Retaliation Laws

Workplace retaliation, also referred to simply as retaliation, is adverse action by an employer against an employee because the employee exercised or attempted to exercise a legal right. Examples are adverse actions taken in response to employee complaints about discrimination, harassment, or other employment issues. Examples of retaliation include:

• Demotion
• Disciplinary action
• Termination
• Pay cuts
• Loss of pay
• Loss of benefits
• Negative performance reviews
• Shift transfer

Federal laws that address discrimination in the workplace are Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and Section 1981 of the Civil Rights Act. California law also prohibits retaliation against employees who engage in a protected activity.

Protected Activities

In FY 2023, the EEOC filed 143 merits actions, including 25 that were systemic claims and 32 non-systemic class claims. Retaliation was the most frequent charge at 39.2%. Employees participate in protected activity if they either oppose discrimination or harassment, or if they participate in an investigation or legal claim concerning discrimination or harassment.

Protected activity includes, for example, complaining about discrimination or harassment, refusing to perform a discriminatory act at the request of the employer, or serving as a witness during an employer’s internal investigation. The law also prohibits retaliation against employees who raise such concerns with their employer.

Additionally, filing a charge of discrimination with the Equal Employment Opportunity Commission or a state agency, or assisting in an EEOC or state agency investigation or claim, is also a protected activity. Testifying in related cases can also be protected.

How to Prove Retaliation in the Workplace

To prove retaliation, you must show that your employer took an adverse action against you because you exercised your legal rights. First, you have to prove that you engaged in a protected activity. Protected activities can include filing a discrimination, harassment, or safety complaint or participating in an investigation.

Second, you must prove that your employer subjected you to a materially adverse action. Examples of materially adverse actions include termination, demotion, cut hours, negative evaluations, or reassignment to less desirable shifts.

Third, you must demonstrate a causal connection between the two. Timing can be used to show causation in a retaliation case. An employer’s awareness of your protected activity, and the absence of any other legitimate reason, can also be evidence of causation.

Why Hire a Retaliation Lawyer?

If you believe you have been a victim of retaliation at work, it’s important to hire a retaliation attorney. Retaliation claims can be complicated, and it is important to have a lawyer who understands the specific laws and procedures involved. For example, an attorney will need to be familiar with both federal and California retaliation laws, as well as the rules of the Merced County Superior Court, where most retaliation cases are filed.

A Merced retaliation attorney can help you assess the strength of your case, gather evidence of the protected activity and the adverse action taken against you, and build a strong claim on your behalf. With the right legal representation, you can feel confident that you are taking the necessary steps to protect your rights and seek justice for the wrongs that you have suffered.

FAQs

How Much Is a Retaliation Claim Worth in California?

The worth of a retaliation claim in California is not set, and it can be influenced by a variety of aspects. These can include lost wages, emotional distress damages, and the seriousness of the employer’s conduct. The final settlement or verdict in a retaliation claim can vary broadly depending on the evidence available, how the employer acted, and how the employee’s career was affected.

Can You File a Claim for Retaliation in California?

Yes, in California, employees can file a claim if they face retaliation in the workplace. California law prohibits retaliation against employees who engage in protected activities, such as filing a discrimination or harassment complaint or reporting unsafe working conditions. A retaliation claim can be brought in state court or before administrative agencies, like the Department of Fair Employment and Housing (DFEH), prior to filing a claim in court.

Is It Worth Filing a Claim for Retaliation?

Yes, it is worth filing a claim for retaliation if you suffered damages as a result of the retaliation. Examples of this include if you were demoted or terminated as a method of retaliation. You can file a claim for lost wages and fight to be reinstated to your old position. Filing a claim also holds your employer accountable for wrongdoing.

What Evidence Is Needed for a Retaliation Case?

Protected activity, evidence of adverse actions, and any link between the two are important types of evidence. Emails, performance evaluations, witness statements, and company policies are all examples of evidence that might support your claim.

The timing of the actions, the knowledge of decision-makers, and any inconsistencies in the employer’s explanations are also significant. The more evidence you have, the stronger your case will be, and the more likely you are to succeed.

Contact Asbill Law Group Today

If you suffered workplace retaliation for exercising your rights, Asbill Law Group can help you seek justice. Contact us today for a consultation.