The fear of employer retribution is one of the main reasons why various harassment issues or other complaints go unreported. However, under California, Nevada, and Federal employment laws, an employer may not engage in workplace retaliation against an employee for reporting unlawful conduct, refusing to do things that are unlawful, reporting or resisting harassment, or reporting or resisting discrimination. In addition, the law enables you to take legal action if you have been wrongfully terminated, demoted, or experienced any other adverse actions.
Under California, Nevada, and Federal law, workplace retaliation is when your employer takes adverse action against you or discriminates against you because you took part in a protected activity and/or failed to do something that the employer requested, knowing that it was unlawful. Since most employers understand that it is unlawful to retaliate against employees by firing them, they may decide to retaliate in other ways.
Examples of these retaliatory actions include:
California, Nevada, and Federal employment laws prohibit employers from retaliating against employees who have engaged in certain protected activities. These activities include but are not limited to:
There are different legal remedies available for employees who have been retaliated against by their employers. Labor and employment laws in California are complex. The issue of retaliation, for example, is often subject to interpretation and is a very fact-intensive analysis. As mentioned earlier, your employer might want to retaliate against you – tactically – to avoid being held liable for their unlawful actions.
A skilled labor and employment lawyer in California can help you investigate your employer’s actions and build a strong case. They can also help calculate the damages you may be entitled to in the event you decide to pursue a lawsuit.
It is unlawful for employers to retaliate against employees who participate in certain protected activities. If there is evidence to indicate you have experienced retaliation at your workplace, contact Melody Rissell Leonard with the Rissell Law Firm today to schedule a complimentary, confidential case review.
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