In 2024, retaliation was the most common form of workplace discrimination in the United States, accounting for 51.6% of all discrimination charges. This shows that workplace retaliation is a common problem in employment. The Equal Employment Opportunity Commission (EEOC) filed 13 lawsuits in 2024 that included discharge claims based on retaliation.
Los Angeles workplace retaliation lawyer Omid Nosrati explains that there are different forms of retaliation. He adds that retaliation is a complex area of law, and claims can be time sensitive, so it is critical to seek legal counsel as soon as possible.
Being proactive will help you build your case and protect your rights from violations.
This article will walk you through the steps you should take to obtain legal representation for workplace retaliation cases.
Understanding Workplace Retaliation: Your Rights Explained
Workers should know that retaliation is against the law. This means that you cannot be punished by your employer for asserting your rights in the face of discrimination, harassment, or unsafe working conditions.
Forms of retaliation may include demotion, reduced hours, or even termination.
If you know your rights, you can act freely and confidently. Retaliation violates labor laws that were designed to protect workers.
Employers should be responsible for promoting a culture of respect in the workplace.
Documenting Incidents: Building Your Case
Keep track of retaliatory incidents, including times, dates, locations, and names of those involved.
Statements from witnesses can corroborate an incident of retaliation and support your claims. Collect any offensive communication, which could be in the form of an email or text.
Keep a journal in which you record all the negative feelings and hardships you’ve endured as a result of retaliatory actions. Doing this regularly will give you a good record and help establish a timeline of the events.
The journal will help highlight patterns of retaliatory behavior and simplify the process of asserting your rights in court.
Seeking Legal Advice: Finding the Right Attorney
Consult a lawyer specializing in employment law to help expose any form of retaliation in your job.
Start by finding reviews and testimonials to check an attorney’s reputation. You can ask for a recommendation from your friends and colleagues.
After making a list of potential attorneys, schedule a meeting to discuss your workplace incident. Use the initial consultation to determine your lawyer’s communication style, responsiveness, and comfort level.
Review a lawyer’s track record and case success rate. A higher success rate will indicate a higher chance of success for your case. Don’t forget to ask about a lawyer’s fees and payment structure to avoid financial surprises later on.
Filing a Complaint: Steps to Take
If you believe you were retaliated against at work, you must file a complaint for justice and protection.
Keeping a detailed account of every incident helps establish the facts of your case.
Learn about your company’s retaliation reporting policy and follow the instructions carefully.
Prepare all necessary and relevant data and submit a detailed complaint, covering specific actions considered as retaliation. Back up your claims with supporting evidence.
Submit your complaint to the person or department responsible for looking into it. Retaliation complaints are typically handled by the HR department or a senior compliance officer, who keeps records of all statements forwarded. Follow through with inquiries to make sure that your complaint is put into action and your case progresses.
Protecting Yourself: Strategies for Moving Forward
Once you have filed your complaint, you should take precautions to protect yourself from any potential consequences. Take time to keep records of any incident and communications surrounding the summary event. You can use these records as evidence if things get worse at the workplace.
Support from close friends or a counselor can help you manage the pressure of the situation. Stay professional at work but exercise caution when it comes to discussing your situation at work
You can ask for advice from a governance representative who deals with workplace retaliation to know your legal rights and strategies to take to address the situation. You can use your knowledge of policies and procedures established by your company to shield you from any potential retaliation.
Always prioritize your mental and physical wellness when making informed decisions.
