Retaliation is a serious violation of employment law. Our Orange County Retaliation Attorney is dedicated to protecting the rights of employees who have experienced adverse actions in the workplace in response to exercising their legal rights. If you find yourself in this situation, contact Aegis Law Firm for a free consultation.
Established in 2003, Aegis Law Firm has evolved into a prominent labor and employment law practice under the leadership of partners Kashif Haque and Samuel A. Wong. Our firm is dedicated to advocating for employees in various legal matters, including retaliation. Our Orange County Retaliation Attorneys are recognized as accomplished litigators with impressive success rates in trials, arbitration, and administrative proceedings.
Here are some of the many advantages of hiring a lawyer for your retaliation claim:
Legal Knowledge
A lawyer specializing in retaliation cases possesses in-depth knowledge of employment laws, ensuring that your case is handled with skill and a unique strategy.
Navigating Complex Legal Processes
Legal proceedings, including filing complaints, negotiations, and potential litigation, can be complex and overwhelming. An experienced attorney can guide you through these processes, ensuring that deadlines are met and paperwork is accurately completed.
Gathering and Presenting Evidence
Attorneys know how to demonstrate a causal connection between your protected activity and the adverse employment action you experienced. They have the resources to gather evidence to help you build a compelling case, such as relevant documents and witness testimonies.
Negotiation Skills
Many retaliation claims are resolved through negotiation or settlement discussions. An attorney can advocate on your behalf, seeking the best possible outcome and fair compensation for your losses.
Protection Against Further Retaliation
Retaliation can persist during the legal process. Having an attorney can provide an additional layer of protection against further retaliation, as employers may be more cautious knowing that legal representation is involved.
Court Representation
Having a skilled attorney by your side is crucial if your case goes to court. They can present your case to maximize your chances of success.
Peace of Mind
Knowing that you have a knowledgeable and experienced advocate handling your retaliation claim provides peace of mind. You can focus on your well-being and daily life while your attorney works diligently to protect your rights.
The California Fair Employment and Housing Act (FEHA) safeguards employees who engage in protected activities from adverse actions by their employers. Here are its key aspects:
Protected Activities
FEHA protects employees who engage in certain protected activities:
Section 12940: “It is an unlawful employment practice…”
(h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.
Those activities include opposing discriminatory practices in the workplace, filing complaints or grievances alleging unlawful discrimination, harassment, or retaliation, or participating in investigations, hearings, or legal proceedings related to discrimination or harassment.
For example, it is against the law for an employer to fire an employee who has threatened to file a charge of employment discrimination against the employer, citing factors such as race, religious creed, color, national origin, ancestry, physical or mental disability or medical condition, marital status, gender, sexual orientation, age, or pregnancy, childbirth, or related medical conditions. This action would constitute unlawful retaliation, as established in the case of Iwekaogwu v. City of Los Angeles (1999) 75 Cal.App.4th 803, 815.
An employee should also not face retaliation if they oppose an employer’s activity that they genuinely and reasonably believe to be illegal. As a result, an employer cannot, in good faith, fire an employee who attempts to oppose or report their behavior, as affirmed in the case of Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1044.
Retaliatory actions may include termination, demotion, harassment, or any adverse employment action intended to punish the employee for their protected activities.
If you believe that your employer has retaliated against you, there are several steps you can take to address the situation and protect your rights:
If you have experienced retaliation in the workplace, our dedicated team of Orange County workplace discrimination attorneys are ready to assist. Call (949) 379-6250 or message us online to arrange a free consultation, and let us be your advocates in seeking justice and fair treatment.