Los Angeles Retaliation Attorneys

What is Employer Retaliation?

At its core, employer retaliation occurs when an employer takes a "materially adverse action" against an employee because that employee engaged in a "protected activity."

It is a common misconception that retaliation only happens to "whistleblowers" who report massive corporate fraud to the government. In reality, retaliation often occurs on a much smaller, more personal scale. It is the act of a supervisor or business owner lashing out because an employee stood up for themselves or followed the law.

To prove a case of retaliation in Los Angeles, we typically must establish three things:

1. Protected Activity: You engaged in an action protected by law (such as filing a harassment complaint).
2. Adverse Action: Your employer took negative action against you (such as a demotion or termination).
3. Causation: There is a direct link between your protected activity and the employer’s negative action.

Common Examples of Retaliation

Retaliation isn't always as obvious as a pink slip on your desk. While some employers are blatant, many use subtle tactics to make an employee’s life miserable in hopes they will quit—a practice known as "constructive discharge."

Common examples of retaliation include:

• Wrongful Termination: Being fired shortly after filing a complaint or reporting an injury.
• Demotions or Pay Cuts: Losing your title, seniority, or salary without a performance-based reason.
• Hostile Work Environment: Being subjected to verbal abuse, social isolation, or harassment by management.
• Undesirable Reassignments: Being moved to a graveyard shift, a distant office location, or being stripped of your primary responsibilities.
• Exclusion: Being intentionally left out of meetings, training sessions, or emails essential to your job.
• Blacklisting: An employer giving a negative, false reference to prevent you from finding new work after you leave.

The Impact of Retaliation on an Employee

The consequences of workplace retaliation extend far beyond a missed paycheck. When an employer turns against you, the impact is often holistic, affecting your mental health, your family, and your future career trajectory.

• Financial Strain: Sudden loss of income or benefits can lead to debt, housing instability, and the inability to provide for your family.
• Emotional Distress: Being targeted at work often leads to anxiety, depression, insomnia, and a loss of self-esteem. The feeling of betrayal by an organization you worked hard for can be devastating.
• Career Damage: A retaliatory termination can leave a "gap" on your resume or result in a damaged reputation within your industry, making it difficult to secure future employment.

At Holtz Matthews LLP, we understand that we aren't just fighting for a settlement; we are fighting to restore your dignity and your future.

State & Federal Retaliation Laws & Protections

California is known for having some of the strongest worker protection laws in the United States. When you hire a Los Angeles retaliation attorney, we leverage a combination of state and federal statutes to build your case.

• California Fair Employment and Housing Act (FEHA): FEHA prohibits retaliation against employees who oppose workplace harassment or discrimination based on race, religion, gender, sexual orientation, disability, and more.
• California Labor Code 1102.5: Often called the "Whistleblower Protection Act," this code protects employees who report what they reasonably believe is a violation of a state or federal statute or regulation to a government agency or a supervisor.
• The Sarbanes-Oxley Act (SOX): On a federal level, this protects employees of publicly traded companies who report mail, wire, bank, or securities fraud.
• Title VII of the Civil Rights Act: This federal law prohibits employers from discriminating or retaliating against employees based on protected characteristics.

What Compensation is Available in a Retaliation Claim?

If you’ve been the victim of workplace retaliation, the law recognizes that you may be entitled to more than just getting your job back. Damages can be awarded to compensate you for a range of losses.

Here are some key areas where you may be able to recover compensation: 

• Lost wages and benefits: This includes back pay for any time missed from work, as well as compensation for lost benefits like health insurance, retirement contributions, and bonuses. 
• Future lost earnings: If the retaliation has impacted your career trajectory and future earning potential, you may be able to recover damages for those projected losses. 
• Emotional distress: Retaliation can take a significant toll on your mental and emotional well-being. Damages can be awarded for things like anxiety, depression, and damage to your reputation. 

It’s important to understand that the specific damages available will vary depending on the circumstances of your case. At Holtz Matthews LLP, we are prepared to work diligently to assess your situation and fight for the compensation you deserve. 

Contact us by calling (818) 791-0555 today to get started with our retaliation attorney in Los Angeles.