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Retaliation Attorney

Los Angeles Retaliation Attorney

Fighting for Employee Rights in California

The skilled lawyer at Malatesta Law standups to unethical employers and defends the rights of employees in the greater Los Angeles area. Countless employees turn to Malatesta Law to fight against employer retaliation because they know the attorneys at the firm have the experience and resources necessary to secure a fair case result.

Retaliation for Reporting Discrimination or Harassment

In California, it is unlawful for an employee to be retaliated against for complaining to his or her employer about discrimination or harassment. Retaliation can take on many different forms and includes being fired, being suspended, being demoted, being transferred, being denied a promotion, having job duties taken away, or being given negative performance reviews.

Examples of retaliation for making a complaint about discrimination and/or harassment include:

  • A female employee is subjected to sexual harassment by a male supervisor. The supervisor repeatedly asked the employee out on dates. Although the female employee rejected the supervisor’s advances, the employee still experienced harassment at work in the form of inappropriate physical contact. According to the supervisor, the inappropriate touching would be “good” for the employee’s career. After the female employee filed a complaint, an investigation is conducted and the supervisor is reprimanded with a disciplinary note for the inappropriate conduct. Thereafter, the employee's supervisor, as well as the rest of the men in the department, shun the female employee. Emails are not promptly responded to and the male colleagues in the department avoid working with the female employee. The employee's supervisor assigns the employee the least desirable projects that require the most amount of travel. Despite being with the company for years, the female employee’s yearly bonus substantially decreases.
  • An African American employee makes a complaint about perceived race discrimination due to a manager's conduct. As the lone African American in the department, the employee received discipline and a reduction in pay for engaging in certain conduct while Caucasian colleagues engaging in the same conduct, were not disciplined and did not receive a reduction in pay. Two weeks after making the complaint, the employee's employment is terminated because of a "slowdown in business." The employee is the only employee that the company fired due to this purported slowdown.
  • An individual suffering from a disability complains about disability discrimination experienced at work. Specifically, the complaint refers to the company's human resources department not offering a reasonable accommodation. One week after making the complaint, the employee's sales quota is raised for the first time in two years. None of the employee's colleagues receive a similar adjustment to their quota. When the employee does not reach the new, higher quota, a final warning is issued by the supervisor. The employee is terminated two months later after failing to reach the new, higher quota.

What Damages Can an Employee Recover for Being Illegally Retaliated Against?

Damages an employee can receive for being illegally retaliated against include damages for lost wages and for the emotional distress caused by the employer's unlawful actions. An employee may also be able to obtain punitive damages for the employer's unlawful conduct.

Call (424) 284-1384 Today

Employees facing retaliation from an employer after complaining about discrimination or harassment should immediately call Malatesta Law to get started filing a legal claim. No employee should not be retaliated against for doing the right thing and reporting discrimination or harassment, which is why the lawyers at Malatesta Law believe in fighting for the maximum amount of compensation clients deserve.

Retaliation for Reporting a Violation of California Law

In California, it is unlawful for an employee to be retaliated against for complaining about a violation of the law. It is also unlawful for an employee to be retaliated against for refusing to do something that would be a violation of the law.

Examples of retaliation for reporting a violation of the law include:

  • A construction worker believes a company is not using the required amount of asphalt when paving city streets, a violation of the company's contract with the city. The construction worker informs the project manager about the violation, but the project manager says the employee should “keep quiet” and “just pour the asphalt." The next day, the construction worker is called into the project manager's office to be fired.
  • A mortgage broker sends an email to the company's CEO reporting the company's unlawful practice of inflating borrower's income on loan documents. The mortgage broker is subsequently called into a meeting with the company's CEO and thanked for bringing the matter to the company's attention. The employee is given a new assignment, purportedly a "promotion." In reality, however, the mortgage broker is transferred to a position that has no authority and no meaningful responsibilities.

Examples of retaliation for refusing to violate the law include:

  • A billing coordinator at a hospital is instructed by a manager to add false charges to patients' bills so that the hospital earns a greater profit. The billing manager refuses to do so and is subsequently fired by the manager for "insubordination."
  • A city building inspector is ordered by a supervisor to forge records so that it appears more buildings have been inspected. The city building inspector refuses to follow the supervisor's directive. As a result, the city building inspector does not receive a long-due promotion and is transferred to work in the least desirable part of the city.

Retaliation for Unsafe Working Conditions Claims

In California, it is unlawful for an employee to be retaliated against for reporting an unsafe working condition.

Examples of retaliation for reporting unsafe working conditions include:

  • A truck driver believes that a company is not properly inspecting truck brakes that may be faulty. The driver reports the issue to the company's safety director but no action is taken in response to the complaint. The truck driver subsequently makes a complaint to the California Highway Patrol and Cal-OSHA about the company's failure to inspect the truck brakes. The matter is investigated and it is confirmed that the brakes on the truck are faulty. Two weeks later, the truck driver is terminated for "unsafe driving."
  • A factory worker believes a company is not properly maintaining machines and, in failing to do so, has placed employees in danger. The worker reports the issue to the company's safety committee and is told the company will "look into it." When nothing is done, the worker files a report with Cal-OSHA. Two days after Cal-OSHA conducts an inspection at the company, the employee is assigned to the night shift. Two weeks later, the employee receives a write-up for the first time in more than five years of being employed by the company. One month later, the employee receives another write-up and is suspended for two weeks without pay.

Malatesta Law Can Help

If a worker has been retaliated against for any of the above reasons, contact Malatesta Law today and schedule a free consultation. Malatesta Law represents its clients on a contingency fee basis, meaning that Malatesta Law does not receive a fee until its client obtains a recovery. Call (424) 284-1384 and speak with Andrew Malatesta, a knowledgeable retaliation attorney in Los Angeles.