Orange County Sexual Harassment Retaliation Lawyer
Orange County Sexual Harassment Retaliation Attorney
Sexual harassment in the workplace is a pervasive problem in Orange County, CA and throughout the United States. While great strides have been made throughout the country in combating sexual harassment at work, thousands of people still experience mistreatment on the basis of their sex or sexual identity, often leading to complex legal battles between those involved. One of the greatest challenges facing victims of workplace sexual harassment in the U.S. is employer retaliation.
“Retaliation” is a legal term to define any punitive or adverse treatment taken against an employee in response to a legally protected action. Filing a sexual harassment claim in good faith would be an example of a legally protected action, and unfortunately, many employees in Orange County who file such claims encounter unexpected retaliation in many forms. If you have filed a sexual harassment complaint against an employer or coworker and your employer has responded with any adverse mistreatment, get in touch with Diefer Law Group.
Employer Retaliation and At-Will Employment Laws
Most employment in the U.S. functions on an “at-will” basis. Essentially, this means all employer-employee relationships continue “at the will” of both parties. An employer or an employee has the legal right to end a work relationship at any time. While the at-will employment law aims to ensure an employee is not trapped in a job they no longer wish to perform, many decry the at-will employment law as providing employers with too much flexibility to fire employees whenever they wish.
While it is true that an employer has the right to fire any employee at their discretion, and there is no requirement to provide advance notice or cite a specific reason, an employer cannot fire an employee for an illegal reason. If you file a sexual harassment claim in good faith, meaning you are truthful with your claim and are not seeking to cause legal problems for the accused or simply seeking a monetary reward, any adverse mistreatment or firing in response to your claim would likely constitute retaliation.
Ultimately, proving retaliation in the face of at-will employment law can be very challenging, and the average employee will need legal counsel they can trust if they hope to succeed with their claim. Diefer Law Group can provide the compassionate legal support you need to hold an employer accountable for sexual harassment retaliation.
Your case will likely require a claim to the Equal Employment Opportunity Commission (EEOC) before you can proceed with a civil claim against your employer. Our team will work closely with you through all stages of your case, including the initial EEOC complaint and your subsequent sexual harassment and workplace retaliation claim. Our goal in every case we accept is to help our client reach maximum compensation in the shortest time possible, and we are ready to leverage our extensive professional experience on your behalf in your workplace retaliation case.
Sexual Harassment Lawyer FAQs
Q: What Are Common Forms of Retaliation After Harassment Complaints in Orange County?
A: Employers may not take any punitive actions against an employee who has filed a harassment complaint in good faith. Some of the most commonly cited forms of sexual harassment retaliation include wrongful termination, demotion, workplace transfers, and reducing the employee’s hours or pay. If you believe you have experienced any form of retaliation, you must consult an experienced attorney as soon as possible.Q: What Are the Three Elements of a Retaliation Claim in Orange County?
A: There are three elements you must prove to hold an employer accountable for sexual harassment retaliation. First, you must prove the basis of their retaliatory action was a legally protected action. Filing a workplace harassment claim in good faith counts as a legally protected action. Second, you must prove your employer engaged in some adverse response to your protected action, such as firing you or docking your pay or hours. Third, you must prove a causal connection between the protected action and their adverse response. In other words, their punitive action must not have been in response to your own poor performance or some other cause.Q: Is Intimidation a Form of Retaliation?
A: Yes, if an employer engages in any form of intimidation against an employee in response to their legally protected action, this constitutes illegal retaliation. This could manifest in the form of threats against the employee’s job or even threats of physical harm. If your employer has threatened or intimidated you in any way in response to your sexual harassment claim, it is crucial to speak with an Orange County sexual harassment retaliation attorney as soon as possible.Q: Can You File a Wrongful Termination Claim in an At-Will Employment State?
A: Many people mistakenly assume that at-will employment means an employer can fire their employee for any reason whenever they like. While employers have broad leeway to fire employees under at-will employment, they may not fire employees for illegal reasons. Any retaliatory firing in response to a legally protected action constitutes wrongful termination, and the employee could file a civil suit against their employer.Q: How Much Does It Cost to Hire an Orange County Sexual Harassment Retaliation Attorney?
A: Lawyers handling employment-related cases in California use various billing formats for their clients. Some charge by the hour, and others use the contingency fee system. With a contingency fee, the client only pays a percentage of their final case award to their attorney at the end of their case. Under an hourly rate, the more time the attorney spends on a case, the more it costs the client. Make sure you fully understand your attorney’s billing policy before signing a contract for their representation.Let Us Handle Your Claim for Sexual Harassment and Workplace Retaliation
The attorneys at Diefer Law Group have years of professional experience handling all types of employment suits for our clients in Orange County. We know how difficult it can be to face unlawful retaliation for a sexual harassment claim made in good faith, and we can provide the comprehensive legal counsel you need to navigate this situation as effectively as possible. If you are ready to learn what an experienced Orange County sexual harassment retaliation attorney can do for you, contact us today and schedule a free consultation with our team.
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