If you have been harassed or discriminated against at work, you have the right to file a claim. If you find yourself undergoing these issues, you should speak to your employer about them. Your employer may not legally punish you for asserting this right. However, we don’t live in a perfect world and retaliation does happen. This is when it’s time to file a claim with the Equal Employment Opportunity Commission, or EEOC for short.
When you go to file a claim with the EEOC, it’s a good idea to work with workplace retaliation lawyers as they have the knowledge and expertise to help fight for your rights. It’s never really a good idea to file a claim on your own, as you may not have the in-depth knowledge you need to win your case. When proving a workplace retaliation lawsuit, your retaliation attorney will be focused on three key elements. These include:
1.) The fact that you engaged in a protected activity.
2.) Your employer took action against you.
3.) There is a link between the protected activity and your employer’s action.
After reading through these key elements to prove your workplace retaliation case, you’re likely wondering what a protected activity is. According to the Federal Law Title VII Section 1981 of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans With Disabilities Act, employers are prohibited from retaliating against employees who are engaged in protected activities. These activities are broken down into two main categories, which include opposition and participation.
Opposition: As an employer, you cannot ask an employee to do any illegal activity. As an employee, you have the legal right to oppose doing the illegal action that your employer asks of you. This opposition is considered a protected activity.
Participation: As an employee, you are protected from retaliation from your employer when you file a charge with the EEOC, participate in an investigation regarding a claim, or take part in any harassment or discrimination lawsuit. Any employees who actively participate in a claim will be covered under this part of the protected activities stated by the law. Your workplace retaliation attorney can help you to discover what these specific situations are.
Your employee lawyers in Los Angeles will need to prove that your employer made a negative action against you. This is considered any materially adverse action against you. Some examples of materially adverse actions against you include negative evaluations, transfer, salary reduction, change in job assignment, discipline, firing, change in shift, or any other change in terms of your employment condition.