It takes immense courage to speak up about something wrong at your job. You saw harassment, discrimination, or another illegal activity and chose to do the right thing by reporting it. You trusted the system to protect you. But instead of being praised for your integrity, you were punished. Suddenly, your hours were cut, you were passed over for a promotion, or you were fired altogether. This is not just unfairāitās illegal.
In California, employers who take retaliatory action against employees who have reported misconduct are breaking the law. These protections are in place for all workers, whether you are a full-time employee or a contract worker. You have rights, and you donāt have to accept this mistreatment.Ā
At Haeggquist & Eck, we understand the fear and uncertainty that comes with facing retaliation from your employer. They may want you to believe you have no power, but that isn’t true. A dedicatedĀ Los Angeles workplace retaliation lawyerĀ from our firm can stand with you, fight for you, and help you hold your employer accountable. Contact us today for a free, confidential consultation to learn how we can help.
Reach out to a retaliation attorney in San Diego who can help by contacting Haeggquist & Eck, LLP online or calling (619) 342-8000 to schedule a free case evaluation.
Ā When youāre going against a company that has wronged you, you need a team that is not only skilled but also deeply committed to your well-being. At Haeggquist & Eck, we are a rare women-owned law firm, and we bring a unique perspective of compassion and tenacity to every case. We know what itās like to be underestimated, and we will never let your employer underestimate you again.
Our approach is built on providing unwavering support and personalized attention. We are a trauma-informed team, meaning we handle every aspect of your case with the sensitivity it deserves. We understand that recounting these experiences can be difficult, and our process, which includes the support of a survivor advocate, is designed to empower you, not re-traumatize you. Our attorneys intentionally limit their caseloads to ensure they can dedicate the time and energy your case requires.
Hereās how we stand with you:
You will never pay us a penny out of your pocket. We work on a contingency fee basis, which means our payment comes from the financial recovery we win for you. The risk is entirely on us, allowing you to seek justice without financial worry.
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Workplace retaliation happens when your employer punishes you for asserting your legal rights. To build a successful claim, your lawyerĀ must demonstrate two key elements: that you engaged in a “protected activity” and that your employer subjected you to an “adverse employment action” as a result.
AnĀ adverse employment actionĀ is any action taken by your employer that negatively and materially affects the terms, conditions, or privileges of your employment. This goes far beyond just being fired.
Common examples of adverse actions include:
AĀ protected activityĀ is any action you take that is legally shielded from employer punishment. You cannot be penalized for standing up for your rights or the rights of others under state and federal employment laws.
Legally protected activities include:
It is crucial to establish a link between your protected activity and the negative action your employer took. This connection is often the most challenging part of a case, as employers rarely admit their illegal motives. Our attorneys are skilled at uncovering evidence to prove the true reason for your employerās actions.
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Fortunately, workers in Los Angeles are protected by a strong network of federal and state laws that make retaliation illegal. These laws ensure you can report wrongdoing without fear of losing your job.
Several key federal statutes provide a baseline of protection for employees across the country.
These federal laws are enforced by the U.S. Equal Employment Opportunity Commission (EEOC), which sets guidelines for what constitutes illegal retaliation.
California law often provides even broader protections for workers than federal statutes. If you work in Los Angeles, you are shielded by some of the strongest pro-employee laws in the nation.
A skilledĀ workplace retaliation attorneyĀ will understand the nuances of both federal and California law to build the strongest possible case on your behalf.
If your employer retaliated against you after you reported misconduct or participated in an investigation, the law allows you to seek compensation, often referred to as “damages,” for the harm you have suffered. The goal of these damages is to make you “whole” again and, in some cases, to punish the employer for their illegal conduct.
Depending on the specifics of your situation, you may be able to recover several types of compensation:
At Haeggquist & Eck, our contingency fee model means you owe us nothing unless we successfully recover compensation for you. This commitment ensures that our goals are always aligned with yours: to achieve the best possible outcome for your case.
“Whistleblowing” is a specific and highly protected form of reporting misconduct. It generally refers to an employee reporting an employerās violations of law to an outside government agency or, in some cases, internally to someone with authority. California has some of the most extensive whistleblower protection laws in the country, designed to encourage employees to expose illegal activity.
The cornerstone of this protection isĀ Californiaās Labor Code section 1102.5, often called the state’s general whistleblower law. This powerful statute prohibits employers from retaliating against an employee for disclosing information that the employee has reasonable cause to believe is a violation of a local, state, or federal law or regulation.
Key aspects of California’s whistleblower protections include:
Attorney Aaron M. Olsen and others at Haeggquist & Eck, LLP have dedicated years to representing employees in whistleblower cases. If you believe you were punished for blowing the whistle on illegal activity, we can help you understand your rights and explore your legal options.
You did the right thing. You should not have to pay the price for your courage and integrity. Your employer counted on you to be silent, but you do not have to be. With the team at Haeggquist & Eck on your side, your voice will be heard. We will fight to hold your employer accountable and secure the justice you deserve.
Let us stand with you. We have a 99% success rate and have recovered millions of dollars for employees who were wronged. Contact our Los Angeles office today at (310) 651-8001 or through our online form to schedule a free, completely confidential case evaluation with an experiencedĀ Los Angeles workplace retaliation attorney.
Here are answers to some common questions we receive about workplace retaliation.
In California, you generally must file a complaint with the Civil Rights Department (CRD) within three years of the retaliatory act. After receiving a "right-to-sue" letter from the CRD, you typically have one year to file a lawsuit in court. These deadlines are strict, so it is vital to contact an attorney as soon as possible to protect your rights.
No, most retaliation cases are proven with circumstantial evidence. A "smoking gun"ālike a text message from your boss saying, "You're fired for reporting me"āis extremely rare. We build strong cases by establishing a timeline of events, showing a sudden change in your treatment after your protected activity, identifying inconsistencies in the employerās stated reasons for their actions, and presenting evidence of similar treatment of other employees.
Yes, being punished for taking legally protected leave is a form of retaliation. Laws like the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) give eligible employees the right to take time off for specific family and medical reasons. If you were demoted, fired, or otherwise penalized after returning from protected leave, you may have a valid retaliation claim.
Retaliation can occur even after your employment has ended. A common example is post-employment retaliation, where a former employer gives an undeservedly negative job reference to a potential new employer specifically because you engaged in a protected activity. This is also illegal and can be grounds for a lawsuit.
Absolutely. California law protects all workers from illegal retaliation, regardless of their immigration status. Your employer cannot use your status as a threat or a reason to punish you for reporting unsafe conditions, harassment, or other illegal conduct. You have the same rights to a safe and fair workplace.