Having an understanding of employment laws as a business owner, or having someone in your company know them well is very important. There are many facets of employment law to understand. Even if an action is taken by an employer against an employee that wasn’t meant to be malicious or retaliatory, a discrimination lawsuit may still ensue. Depending on the details of the incident, the United States Equal Opportunity Commission may not see the situation your way.
Leiva Law can help you if you are facing a discrimination lawsuit in California. Leiva Law provides legal guidance, support, and representation to institutions, individuals, and business organizations. The California business attorneys at Leiva Law offers effective legal counsel so that your business and assets are protected.
What Acts by Employers are Considered to be Retaliatory?
Certain actions an employer takes against an employee could be considered retaliation by the employee. An employee has a right to work with a lawyer and respond to such actions. It is unlawful to punish employees who engaged in protected activities. Protected activities as defined by the EEOC include:
- Filing a Los Angeles discrimination suit against an employer
- Being involved in any part of a discrimination suit
- Asking to accommodate a disability or religion
- Whistleblowing
- Filing a California workers’ compensation claim
Bullying, intimidating, firing, verbal abuse, cutting pay, or any other type of aggressive and unfair tactic an employer uses against their employee for engaging in a protected activity will not bode well for the employer in court. The U.S. Supreme Court ruled that it is unlawful for employers to take revenge on employees with regard to their participation in protected activities.
There are several reasons why an employer may want to retaliate against an employee for engaging in a protected action. For instance, when it comes to filing a Los Angeles workers’ compensation claim, an employer may want to dissuade their employee from doing this. Claims that are filed cause the cost of workers’ compensation insurance to increase. Another example is whistleblowing, like reporting illegal activities. This can result in large fines or even the dissolution of a business.
It isn’t just employers who are expected to treat their employees fairly. Managers and coworkers must also treat individuals that engaged in protected activity with respect. If you are facing a legal battle in response to a discrimination suit there are proactive actions you can take. Conviene with your leadership team and discuss the way that you communicate and manage employees to make sure it is the same across the board and especially when an employee engages in a protected activity.
It is also highly critical that everything is documented for all employees. Don’t single out one person, make sure documentation and reporting are consistent. You should also have discrimination issues included in your companies handbook along with training on such issues. If you don’t have a handbook, Leiva Law can help you put together a comprehensive manual that addresses all these situations and more so that you can better protect yourself and your business.
Work with a California Business Attorney
Do not hesitate to reach out and connect with the California business lawyers at Leiva Law for all of your business litigation and corporate law needs. To schedule a free consultation please call 818-519-4465.
