Firing and demotion are not the only ways some employers try to punish workers for speaking up on the job. There is a wide range of other measures bosses tend to use, from cutting hours and changing shifts to removing certain duties from workers who complain about what they believe to be unlawful behavior.
For employees whose jobs are suddenly changed after blowing the whistle, the retaliation often seems clear. Even if it does not mean a change in title or pay, removing certain duties can be a first step toward formal discipline, a performance improvement plan, or termination. It can also make it much more difficult for employees who remain in their jobs to get promoted.
At Justice Law Corporation, our California wrongful termination lawyers help working people who have been ripped off or mistreated on the job. That includes employees who have been retaliated against for blowing the whistle about problems at work. We are experienced lawyers who have a track record of success in court and through negotiated settlements. Our attorneys can help you determine if you have a valid legal claim and take action to enforce your rights.
Even if you can prove that the removal of your job duties was not justified, that does not necessarily mean you can prove it was illegal. To take action, you have to be able to show that your duties were removed in retaliation for a legally protected activity.
Here is what you need to know about your rights when it comes to job duty changes, protected activity, and retaliation.
Why Losing Job Duties Matters
For many of us, having some of our tasks on the job assigned elsewhere initially does not sound like such a bad thing. The problem, however, is that these moves can make it harder to justify your pay or may hold you back when it comes to career advancement.
In other words, when opportunities disappear, so do chances to grow. Fewer responsibilities can make it more difficult to qualify for promotions, raises, or new roles within the same company or elsewhere. A resume filled with diminishing responsibilities can raise red flags for future employers.
Reducing job duties can also be a first step toward disciplinary action, demotion, or firing. If your employer decides to lay off employees, it may make you more likely to be included in the cuts. That is why employees whose duties are unlawfully changed should take action.
Is it Retaliation?
Employers in California and across the country generally have the right to shift their workers’ job responsibilities, roles, schedules, and pay rates without providing a good reason. Even if these and other moves seem unfair, that does not mean they are illegal.
Employers cross the line into unlawful territory when they remove job duties to punish workers for engaging in legally protected activity. That includes retaliating against workers who:
- Report harassment or discrimination
- Complain about unpaid wages or labor violations
- Request disability or medical accommodations
- Take family or medical leave
- Blow the whistle on illegal conduct
For employees who complain about or report what they believe to be unlawful behavior, you do not need to be right in order to be protected against retaliation. As long as you reasonably believed you were acting in a protected way and the employer took a retaliatory action, you may be protected.
If your employer takes away your responsibilities shortly after you engage in one of these activities, that may be evidence of retaliation.
Take, for example, a worker who files a complaint alleging that he or she was not paid the required time-and-a-half rate for overtime work. If the person finds that all of a sudden their projects have been reassigned, this may be unlawful retaliation.
California’s strict anti-retaliation laws are a key part of employees’ rights on the job. These protections give working people the power to speak up, take action, and help coworkers without fear of being punished by their bosses.
Can You Prove It?
To be able to take action against retaliation at work, you have to be able to prove it.
Employers regularly try to justify firings, demotions, and reassignments by citing performance, business needs, and other factors that, at first blush, appear unrelated to retaliation. Even when a move seems to be clearly retaliatory, you have to be able to show a judge or jury that it was unlawful.
Proving a retaliation claim can be difficult, especially when employers do not give you all of the information about why your duties were reassigned and who is now picking them up. Fortunately, you do not need to go it alone. A California wrongful termination lawyer at our firm can help you prove that you were retaliated against for speaking up or otherwise engaging in protected activity at work.
Employers rarely admit they changed an employee’s job duties for an unlawful reason. These cases typically rely on circumstantial evidence, or facts that suggest the employer’s explanation is not the actual reason for the move.
The timing of a decision is often crucial. A move to change a person’s work duties shortly after they engage in protected activity may be evidence of retaliation. A worker who can show that other employees were treated differently in similar situations also has a leg up in proving a retaliation claim.
Our California Wrongful Termination Lawyers Can Help
If you believe that you were unlawfully retaliated against at work, you do not need to go it alone.
A California wrongful termination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options. We have a strong track record of optimal results through verdicts and settlements for the people that we represent.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California wrongful termination lawyer.
