Can you sue employer for retaliation

If you are still employed at the time that you are suing your employer for violating your rights — be it a claim involving discrimination, sexual harassment, wage and hour law violations, etc.

You might not get warm receptions around the office, but if your employer wants to limit its liability, it should refrain from retaliating against you because of the lawsuit. Doing so is against the law. This is why it's important to show an employment lawyer evidence that you honestly and in good faith believed that you witnessed or experienced discrimination or harassment. Bring the lawyer any documents, copies of offensive visuals or messages, and the names and contact information for witnesses who can back you up.

You should also bring evidence that you actually made a complaint or report of harassment or discrimination to your employer, including any emails, letters, memos, or even personal notes. Remember to give the lawyer the name and title of the person to whom you reported the complaint and the names of any individuals who witnessed your complaint. In a retaliation lawsuit, you are almost always suing for an award of money called "damages. An employment lawyer who is evaluating your potential case needs to know what losses you have suffered as a result of the retaliation, such as lost wages or benefits.

Bring in your pay stubs, W-2 forms, or other documents that show your earnings prior to the retaliation. If you have related losses, such as medical expenses that would have been covered by health care benefits you previously had, bring in documents that show those losses. And, if you have employee benefit plans or policies for employee benefits medical and dental insurance, pension plan, stock option plan, and the like you had prior to the retaliation, show those to the lawyer too.

As the plaintiff in a lawsuit, you are your most important witness. An employment lawyer will be evaluating you as a potential witness from the moment you walk into his or her office. This is because a judge and jury will evaluate you in the same way when deciding whether or not to believe your testimony or give you a damages award. Show the lawyer that you'll be a credible, coherent, and sympathetic witness on your own behalf. This is because California requires all parties involved in a conversation to consent to being recorded before recording can take place.

Any evidence gathered that violates this rule may be inadmissible. The material fact of whether or not discrimination or harassment actually occurred is irrelevant.

What typically holds weight is that an employee saw or experienced something they believed was wrong, reported it in good faith, and was punished for reporting it. K2 Employment Law has many years of experience when it comes to fighting for employees whose rights were violated at work. We help our clients navigate the legal process to seek justice in the form of fair and just compensation for damages against them.

Engaging in EEO activity, however, does not shield an employee from all discipline or discharge. Employers are free to discipline or terminate workers if motivated by non-retaliatory and non-discriminatory reasons that would otherwise result in such consequences.

However, an employer is not allowed to do anything in response to EEO activity that would discourage someone from resisting or complaining about future discrimination. For example, depending on the facts, it could be retaliation if an employer acts because of the employee's EEO activity to:.