Working and earning a living can be an empowering experience. Unfortunately, not all employees work for employers who treat them fairly and equally, and in a manner that is compliant with federal and state law. Workplace retaliation is a violation of employee rights, but it still occurs all too frequently. If you suspect you have been the victim of unlawful termination or some other form of workplace retaliation, it’s in your best interests to speak with a labor rights lawyer in San Jose, CA. Your attorney can advise you of your legal rights and thoroughly investigate the matter to uncover any existing evidence.
Understanding Protected Activities
As your labor rights lawyer can advise you, employees have the right to engage in certain activities. An employer cannot retaliate against an employee for engaging in these protected activities. For example, employees are lawfully able to exercise their Equal Employment Opportunity (EEO) rights without retaliation from their employers. Protected activities specifically include filing an EEO claim, being a witness in an EEO claim, facilitating an EEO investigation, and refusing to carry out directives that would involve a discriminatory action. Other protected activities include discussing harassment and other forms of employment discrimination with a supervisor, requesting salary information for the purpose of identifying discriminatory wage practices, resisting and preventing sexual advances, and requesting workplace accommodations for a religious practice or because of a disability. Retaliatory actions taken on the basis of these protected activities are strictly prohibited.
Identifying Forms of Workplace Retaliation
When you visit a labor rights lawyer, he or she will need the details of the protected activity you engaged in and the retaliatory acts that resulted. One fairly obvious sign of retaliation is being fired shortly after filing an EEO claim. However, wrongful termination is certainly not the only type of retaliation that an employer may use. It is also unlawful for an employer to give you an increased workload, unfairly deny you a promotion or raise, unfairly deny training opportunities, or give you undeserved negative performance reviews solely in response to participation in a protected activity.