Retaliation And Employment Law Claims In Torrance
Employees should be rewarded for their courage in coming forward and not punished when they report illegal practices to the police or government authorities. California employment law makes sure employees enjoy protection from any retaliatory actions.
Let's talk about retaliation and employment claims in Torrance, California:
Employee Protections From Workplace Retaliation Under California Laws
Workplace retaliation in California refers to the steps an employer may take to punish an employee who complains, reports, or assists in investigating the violation of an employee's rights or illegal activities. These acts may harm the employee's career.
You are safeguarded by California workplace retaliation laws if you report or take part in an investigation into:
Workplace sexual harassment
Underpaid overtime and unpaid wages
Injuries at work or from workplace risks
Participation in criminal behavior and infringement of any employee rights
Workplace retaliation is prohibited, regardless of whether the employee's complaint was made to management or a higher authority like the Equal Employment Opportunity Commission. Additionally, even if the employee reported their employers on a wrong assumption, they still could not be punished as long as their intentions were good.
Examples Of Workplace Retaliation In Torrance, California
Retaliation at work can take the form of various negative behaviors with varying degrees of seriousness. Retaliation at work includes, for instance:
Unfavorable work references
Being reassigned or moved to convenient locations or job assignments
Being transferred to a less appealing shift
Retaliation claims in the workplace are time-sensitive, and your ability to prevail in court in California for workplace retaliation depends on how promptly you respond. Therefore, contact a Torrance retaliation attorney as soon as possible if you believe you are the victim of workplace retaliation.
What Counts As Evidence of Retaliation at Work in California
An employee in Torrance, California must show a connection between the alleged illegal action and the specific act of workplace retaliation to prove retaliation. An efficient tactic for demonstrating a direct connection between your complaint and your employer's corrective actions is to provide a timeline of events.
The severity of the outcomes in situations of workplace retaliation is also taken into consideration by California law. If the potential consequences of raising the matter had been understood in advance, the retribution must have been severe enough for a reasonable person to have refrained from doing so.
For instance, if a California employee knew that reporting a case of sexual harassment at work might result in their demotion, they might have reconsidered making the complaint in the first place.
If you're unsure whether your situation can qualify as a viable claim, consult with a Torrance employment law attorney. A California employment lawyer will be able to assess your claim, so you don't waste time pursuing unqualified claims.
What About At-Will Employees In Torrance, California?
Because many employees are employed "at will," it might be challenging to prove workplace retaliation. Employees in California who are employed at will do not have employment contracts. The connection between the at-will employer and employee may be ended at any time and for any cause.
This does not suggest that an at-will employee is not protected from retaliation at work. On the contrary, under the Whistleblower Protection Act, federal and California labor laws, every employee is shielded from workplace retaliation.
What If The Retaliatory Action Was Termination?
Wrongful termination in California is sometimes an act of retaliation. For example, an employer might fire you for reporting them to OSHA. If you and your California Labor Lawyer can prove wrongful termination, you can get compensation for the financial and emotional losses you experience.
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