San Francisco Workplace Retaliation Lawyer

San Francisco Workplace Retaliation Attorney

Common Examples of Workplace Retaliation

There are many different forms of workplace retaliation, which can make it difficult to identify when it happens to you. However, it’s important to recognize the signs to make sure you are not treated unfairly for engaging in a legally protected activity. Some common examples include:

• Termination or demotion. When an employee decides to report a suspected illegal behavior they witnessed, one of the most severe forms of retaliation they could face is being fired from their role. Those in power make this decision to instill the message that speaking up may have consequences. This is not only unethical but also illegal under California and federal employment law.
• Reduced hours or pay. Retaliation doesn’t always mean that someone is being fired from their job. It can also be much more subtle. For example, a manager could begin to slowly cut someone’s hours after they have voiced their concerns. The logic here is to slowly reduce someone’s pay to encourage them to leave the organization and no longer be a threat.
• Negative performance reviews. If someone suddenly starts to receive poor performance reviews despite there being no clear difference in their work, this can be another sign of retaliation. In these scenarios, you and your attorney will need to collect compelling evidence that shows how your actual work performance has not changed and does not align with what is being reported by your superiors.
• Reassigned to undesirable tasks. An employer might give you new tasks that are undesirable rather than firing you for whistleblowing. This can be easier to prove if the reassignment happened after you reported illegal activities and the new tasks have nothing to do with your skill level or original job description. Because the new tasks can lead to job dissatisfaction and cause more stress, the intent is to encourage you to leave the company to find something more fulfilling.
• Hostile work environment. Retaliation also has the power to manifest in a hostile work environment. This increases the risk of employees facing bullying, exclusion, and harassment after filing their official complaint. If you start to feel like you are being ignored by colleagues who once gave you attention or are being targeted with rude comments, you may be a victim of a hostile work environment.

These are just a few of the situations that could constitute retaliation in the workplace. There are, however, many other situations that could arise. No matter what you experience, if you feel like you could be a victim of workplace retaliation, it’s highly recommended to get in touch with an employment law attorney. These professionals can evaluate every detail of your case and give their recommendation on whether you have enough information to start a formal legal case or not.

FAQs

Q: What Should I Do if I Experience Retaliation After Reporting Sexual Harassment?

A: If you reported sexual harassment and are now suspicious you are a victim of retaliation, you need to take immediate action to protect your rights. Take note of every retaliatory behavior you have observed, such as a change in your job responsibilities or poor performance reviews that are out of nowhere. Having this type of information can help your attorney advance a legal case right away to investigate your concerns and hold any responsible party accountable.

Q: Can I Face Retaliation for Taking Medical Leave?

A: It is illegal for an employer to engage in any retaliatory behavior if an employee qualifies for medical leave and chooses to exercise that right. Employees in California are protected under federal law for many qualifying medical reasons. While on leave, your employer is not allowed to contact you or ask you to engage in any work-related tasks. If you report such behaviors and your employer engages in retaliatory behavior, contact an employment law attorney.

Q: What Are My Rights if I Face Retaliation for Reporting Unsafe Working Conditions?

A: If you share a concern for unsafe working conditions and believe you are facing retaliation as a result, there are many different protections under state and federal law. It is illegal for an employer to terminate, demote, or harass an employee for bringing attention to unsafe working conditions. You may have the right to file a workplace retaliation claim that holds your employer accountable for their actions and seeks the compensation you may be entitled to.

Q: Can I Be Retaliated Against for Participating in a Protected Activity That Is Not Related to My Job?

A: It is possible to face retaliation for protected activities that do not relate to your role. For example, if someone serves as a witness in a coworker’s discrimination case or if someone were to help with a government investigation into the company. To try to cover up the misconduct, an employer may try to interject and ward off specific employees from raising their concerns. An attorney can bring this to light and secure compensation for the victims.

San Francisco Workplace Retaliation Lawyer

If you are suspicious that your employer might be retaliating against you for doing something right, contact the employment law attorneys of Clark Employment Law, APC, today. We have proudly protected those in San Francisco from this behavior for many years and have the skills and experiences to help your case as well. Contact us today to learn more about how we can help.