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retaliation Archives

Documents that should not be in your personnel file

If you find yourself unexpectedly fired from your job or the victim of an unfair demotion for engaging in protected activity, you have the right to view your personnel file under California law to look for documented reasons for your firing. Once you have the file, be on the lookout for documents that do not belong in there. You may find your employer has violated state or federal law by keeping the wrong documents in your personnel file.

Understanding the right to refuse dangerous work

When you go to work in the state of California, the last thing you should ever worry about is your safety. Unfortunately, there are instances where employees encounter work situations that are so perilous that their health or life could be at risk. Should you encounter such a situation, remember that your employer cannot compel you to endanger your life by taking on an unsafe task.

When workplace retaliation is unintentional

Whether it is a loss of a promotion or a benefit, a harassing remark, or a transfer to a less desirable office, workers can feel angry and humiliated when subject to retaliatory behavior by a California boss. But could your boss commit retaliation for lodging a complaint against a worker without knowing it? It is possible that a superior may act punitively toward a worker unintentionally, but that does not mean that legal consequences could not result.

Recognizing workplace retaliation

As someone who makes your living in California, you have certain rights, and the law allows you to assert these rights without having to fear retaliation from your employer or supervisors. Regrettably, however, retaliation is a common occurrence in many American work environments, although some workers may not immediately realize when they become victims of this type of behavior. At the office of Jay S. Rothman & Associates, we recognize that workplace retaliation can take many different forms, and we have helped many people who experienced unfair treatment on the job pursue appropriate recourse.

Can employers retaliate by assigning you a bad parking spot?

Some California workplaces, in the interests of organization and efficiency, assign parking spots to their employees. You might work for a company that has assigned you a parking space that is reasonably close to the company's entrance. Then one day you are suddenly reassigned a spot all the way at the end of the lot. Your parking space seems more appropriate for a recent hire or for people who are being punished for violating company policy. But if you are neither of those, you might feel you are being retaliated against unfairly.

What to look for in proving workplace retaliation

No California worker should be punished for blowing the whistle on discriminatory or harassment practices in the workplace. However, some supervisors and managers resent when an employee calls out bad behavior and will retaliate against that worker. You might find yourself in such a situation where you feel your workplace has retaliated against you, but you fear you case might not be easily proven. Your employer might come up with a cause to justify the demotion, firing, or whatever retalitory act you have suffered.

What constitutes an adverse employment action?

When you are a California employee, your employer must provide you with a safe and healthy workplace free from various types of discrimination. One of the things your employer cannot do is take any action against you that inhibits your right, or the rights of your co-workers, to report discrimination to supervisors and/or the Equal Employment Opportunity Commission. The EEOC considers any such action your employer takes either before or after you make a discrimination complaint as an adverse employment action

Recognizing workplace retaliation

As someone who earns a living working in California, you have certain rights, and one of them involves your right to call attention to harassment, discrimination and wrongdoing within your place of business without having to fear for your job. When your employer, supervisor or someone else at your place of business treats you unfavorably because you took such action, he or she may be guilty of employment retaliation, and you may be able to hold that employer accountable. At the office of Jay S. Rothman & Associates, we have a firm understanding of what constitutes workplace retaliation, and we have helped many victims of this type of behavior pursue appropriate recourse.

Keep meticulous records when you air grievances

At Jay S. Rothman & Associates, we spend most of our time defending our clients from the discrimination and abuse they are subjected to by those more powerful than themselves. We often find the process goes much more smoothly when we work with clients who have kept track of each injustice.

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