Redondo Beach Retaliation Lawyer
Employers often fire employees for bad reasons. In many cases, a bad reason is not an illegal reason. But there are situations where an employer’s decision to terminate, discharge, or even discipline an employee is considered an act of illegal retaliation under state and federal employment laws.
If an employer has taken any adverse action against you because you exercised certain legally protected rights, then you may have a claim for retaliation or wrongful termination. An experienced Redondo Beach retaliation lawyer can sit down with you and review your case. At the Obagi Law Group, P.C., we represent workers who have faced retaliation and we can help you in holding a current or former employer accountable for their actions.
Have You Been Fired or Demoted for Engaging in a Legally Protected Activity?
Most employment is considered “at will,” meaning an employer can fire or refuse to hire you without giving a reason. There are, however, specific federal and state laws that create exceptions to this at-will rule. For example, an employer may not discriminate against an employee or job applicant based on certain protected traits like sex or race. This also means that at an employer cannot retaliate against an employee who files a complaint regarding such discrimination.
For example, let’s say you are the victim of sexual harassment at work. You report the harassment to human resources. The company responds by firing you. That would be an illegal act of retaliation. Similarly, if you are demoted or reassigned to a less desirable job based on your complaint, you would have a case for retaliation.
Another common cause of retaliation is whistleblower activity. If you suspect your employer has violated the law in some way, your employer cannot retaliate if you report such conduct to upper management or the authorities. Even if it turned out the company did nothing wrong, as long as you had a genuine belief that you were reporting potentially illegal behavior, you are protected from retaliation in the workplace.
In California, an employer may also not retaliate against an employee who files a workers’ compensation claim or engages in certain political activities. With respect to the latter, this means that your employer cannot fire or discipline you because you support a particular political candidate or take a public stance on a specific issue. Keep in mind, however, that this only applies to political activities outside of the workplace.
Contact the Obagi Law Group Today
Retaliation can take many forms. For instance, instead of outright firing an employee for engaging in a legally protected activity, a supervisor might simply start giving an employee bad performance reviews or assign them to menial tasks. In some cases, an employer can make working conditions intolerable enough to force an employee to quit–a situation known as a “constructive discharge.”
If you find yourself in such a situation, it is important that you speak with a skilled Redondo Beach retaliation lawyer who can advise you of your rights and legal options. Contact the Obagi Law Group, P.C., today to schedule a free initial consultation with a member of our California employment law team.