WHISTLEBLOWER PROTECTION

What is Workplace Retaliation?

Basically, your employer is guilty of retaliation if he terminates you, demotes you or refuses to give you your bonus just because you filed a discrimination claim or harassment claim against your employer. Especially in whistle blowing cases, you cannot be retaliated against by your employer if you participated in a lawful investigation against your said employer. If this happens, you have a right to file employment retaliation claims and there is no better course of action than to immediately seek representation from skilled employment retaliation claims lawyers.

There are two ways that an employee can be made a victim of employment retaliation in the workplace. There is the direct and overt retaliatory act and the indirect or veiled retaliatory act.

• Direct and overt retaliatory action – This is when an employer immediately retaliates against whistle-blowers. If you have been terminated immediately after you filed a discrimination claim in California against your employer, then it is easier to prove fault and claim damages against your erring employer.

• Indirect or veiled retaliatory action – if the acts of your employer are covert or veiled, like when you are discriminated or harassed or even demoted because of petty reasons, then you might have a California retaliation claim against your employer. In this case, U.S. Supreme Court opined that the circumstances of the situation should be taken into consideration in order to prove retaliation against the employer.

How to Prove Retaliation in the Workplace in California

In California, there are three factors that are required in order to prove employer retaliation in the workplace:

• Reporting Harassment: You must have engaged in protected rights, such as reporting harassment to your Human Resources department, the the California Department of Fair Employment and Housing (DFEH) or Equal Employment Opportunity Commission (EEOC).
• Adverse Employment Action: Your employer must institute a demotion or termination, which would be considered an “adverse employment action.”
• Prove the Connection: You must show that the adverse employment action was connected to your exercising of employment rights. This can be difficult if your employer is covering their tracks or refusing to cooperate. Seek the help of a Glendale employment retaliation lawyer from Berberian Ain, LLP for the experience you need to seek justice!