Workplace Retaliation Law
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- Опубликовано: 2 окт 2019
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Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers.
#retaliation #retaliationlawyer #retaliationlaw
As someone who went to school for TV and radio, your presentation is great.
He’s wonderful- and I love that he uses a white board! 🙌🏾
I'm definitely going through workplace retaliation right now
Same. I claimed Harrassment and they gave me a Level 2 Write Up for claiming harrassment so that Im scared to actually pursue my claim. Theyre trying to silence me and discipline me for claiming ive been abused. If thats not clear retaliation, i dont know what is.
Same here for 2 months and counting. Every week something new happens. So far I've experienced retaliation, defamation of character, harassment, disability discrimination, and discrimination by association.
I have been retaliated against from my supervisor ever since I pointed out safety violations in his department which was new to me. You are so correct when you say HR will not respond or answer your emails. Now I've been spoken with several times by my supervisors supervisor.
I have been told to strongly reconsider the position they offered me to leave my current department.
That position is more physically labor intensive and definitely a less desirable position. I can keep my same pay and hours.
I work in Walton Kentucky and I am going to file an EEOC complaint. I don't see my job lasting long once my company receives the complete. I'm sure they will get rid of me for some reason.
Very sad, I was so excited to start working here. Now I'm so stressed out I cannot even sleep without thinking of all of the negative situations that has been going on.
Sorry for your situation. I pray you have gotten some peace & strength since your comment. May the Lord bless you 🙏
Im in louisville. I never heard of walton ky. Going through the same
There are no Lawyers in Louisiana for this. The corruption is incredibly deep. I have the EEOC on my side now I need the Education Lawyer side.. A year of listening to your videos.
I have been with a corporation for just about eight years and have been regarded as one of their top performers. I have gone through promotions, pay, increases, etc. and then six months ago I reported my boss for threatening and bullying me over a promise that was made off paper nonetheless, I was recently placed on a final, write up when I’ve never been written up before therefore, I went out on a medical leave also known as FMLA and filed a retaliation lawsuit, alleging, harassment, retaliation and Workmen’s Comp. for carpal tunnel. I shall see what becomes of this. It’s really unfortunate
I'm sorry
Love the energy and info of this video!
Very helpful! Currently w an attorney in Dallas for this among other charges against the company ! Ty for sharing
Very informative and presented extremely well!
Thank you so much, Appreciate for your time!
I should have RECOVERED: 1. Lost Wadges
2. Pain & Suffering
3. Punitive Damages
4.Attorney Fee's Atty.Kevin little
Excellent video! It cements that the actions being taken presently in my wife’s situation are correct. This video is a good primer for those experiencing actions violating their “protected rights” on the job. I would add to the recommendations: keep your cool at all times; keep the actions being done to you documented in writing, emails, written communications, etc. Having the documentation proving the basic discriminatory actions by your employer will make attorney selection in your jurisdiction much easier as you bring the case to a vetted attorney on a platter. Search out recent case law similar to your case in your jurisdiction to identify attorneys in your jurisdiction that really know how to win. I’m going to checkout more of Branigan’s videos!
Dude it doesn’t matter. Even if you win a case if you try to look for work at another job their gonna find out about your case and no employer wants to deal with that. It sucks but that’s the reality of life.
@Abe S it does matter, discrimination and retaliation are wrong. A company that operates by using discrimination and retaliation is: a) not worth working for; b) worthy of getting taken to task in court.
My wife in her situation had her employer stop the discrimination and retaliation; received a promotion, apology from the CEO, and financial reparations of two times the monies they attempted to withhold... without an attorney and without going to court.
Yes, no employer wants to be taken to task without cause, but ones worth working for turn bad situations around because they got called out... even as inconvenient as it is for them to do so.
Proverbs 28:1 The wicked flee when no one pursues them; but the righteous are as bold as a lion.
"A coward dies a thousand times before his death, but the valiant taste of death but once." William Shakespeare
Discrimination and retaliation in the workplace does "suck", but it sucks a lot worse for employers who engage in it with the prepared. That is my and my wife's reality.
@@jcmcclain57 hey! Do you mind sharing an update a year later? You must be so proud of your wife!! What a powerful human she must be!
@@irrelevantnews3083 In the now two years since she had problems that were corrected, she is working at the same job with the respect she is due and anyone else is due. As to powerful human, I don’t think she is so powerful, just strong enough to stand for what was and what is right.
@@jcmcclain57 so great to get the update! Thank you for sharing!
I have a solid case against Tesla (Giga Factory , Austin,TX) but finding a lawyer here in Texas has been a challenge. I need help I am 100% sure I have a solid case..
I feel school should teach this to final year student who are about to step into the working world.
Yes, there's a lot that the public education system is failing to introduce. It allows companies to take advantage of the average persons naivety. The law often conceals itself.
And I know this directly reflects to retaliation reason being the operations manager always discriminated against me...and I did report regularly...but boss..say.. leave it to me...i will talk to him... it's now almost 4 year's and unfortunately no reprimand or enquiry...I feel I'm discriminated and unfairly treated..as well..
4 yrs
Hi, can you do a video about dirty tactics played by company lawyer to vexatiously delay the matter and make things extremely challenging for jobless adversary. How to deal with this kind of dirty unethical counsel as a self represented litigant? E.g. appealing decisions, lodging notices of motions etc etc
Can you do a video on nepotism and preselection please. Discuss how they can be illegal. Do you deal with PPP?
Been dealing with a stressful work enviornment for few months now amd wondering where I stand...Since we're short handed our GM was promising a bonus to handle some clients falling threw the cracks.Now my manager refuses to answer my text and told for months every week that it will be on the next check.Wondering if this work coercion to get extra work out of employees.
What do you do whenever the EEOC tells you that you have a retaliation case but can not investigate the matter because retaliation is not based upon a protected activity, although you had first complained about the harassment, before going up the chain of command and filing inquires with the EEOC, OSHA, Labor of dep. ETC. after the employer failed to correct the matter of being wrongly sent home and suspended, following being transferred and 16 days later fired and you can not get an attorney??
Hard find the right lawyer when the employer move a lot money. I guess a move to see if the show what happen on the news channels. If they can show my case. Thanks for your videos
If I was offered a job with a company & I respectfully declined the position, but I took a job with their client & became onsite supervisor & my first day on the job, I was escorted out of that employer I turned down & was told I was not allowed on there. No reason given, embarrassed in front of everyone, almost lost my now job but because I had email of me turning them down for the position my boss ended up not firing me. Just placed me at another plant, business is business if he finds someone who can do that onsite position they will fire me cause I'm not allowed in our customers company with no answer given to why I'm not allowed. Only thing I can think of is I turned their job down. Help me
Yes , I am about to talk about money!😃🙂💯💥🙆♀️
If some of your claims are untimely through the EEO, but all show a linked chain of events that present "reasonable cause", do you still have a strong case or a case at all?
I hate how much retaliation an employer can get away with, without technically breaking any retaliation law.
But thank you for the video; at least I can come at this armed with the right info & not look like an idiot.
It sounds like getting fired for refusing to go back into the office when my original contract says remote won't be enough money to pursue legal action. :(
If a lawyer is not willing to work on contingency (or has a really large retainer), is that indicative of one having a poor case?
👍 Thank-you. Sir
I have been calling
I was fired after notifying my employer that I filed an eeoc complaint. Do I have a case?
I was Wrongful Terminated and the Company claim, I could request for a Respect Appeal Stage 1, I did the Appeal Investigator only took a Little of Information. I Request for Documents in order to be Able to Respond They Refuse and Denied My Appeal Stage 1. So I was Informed I can Request for Appeal Step 2; but again Refuse to Provide me documents in Order to Respond. Can a Company Refuse to Provide Copies of there Finding and Shouldn't that be Considered as Public Records
I build articulated Dump Trucks. 3rd shift was supposed to be doing 2 trucks a day, while 1st shift was supposed to build 4 trucks a day. For about two weeks I was working ten hours and building 5 trucks a day. And I was following it on my computer system. It would show me every truck I finished. After the 1st week, I noticed my boss was changing the numbers every day. So I build 5 then that night he made it where 3rd build two and we built 3. So it looked as if I wasn't getting our trucks. Then I fine out from the 3 shift. The guy doing my job was put back in the engine area to help them. So My split and the warehouse split used the same guy since they did half the work, they did two splits. the 2nd week was the same, The entire line had two shifts building trucks except the last two stations. So one day our Bum was walking by. (Business unit Manger) My boss's boss. I explain that 3rd is not building any trucks they are just barely filling the line up at night. Then we would run 5 and the next day they would run none off the line again. but the end would be filled up and 1 or 2 gaps in the line. I told her That my boss was changing what work i did to make it look as if they was getting 2 trucks and I was getting 3 trucks. Well that came to an end. then a week later I was wrote up for absenteeism. you have to miss 5 days to be wrote up. two of them I was on WI. that is when you are hurt and under medical instructions or have restrictions. So I told the union what had happen, A few weeks later I went out on WI for a surgery that I'll have tomorrow Jan 8 2024. I heard from one of my old bosses she was back in our department. She told me the other Boss that did all this is gone.((( Can I steal seek damages for something that was taken care of?))) I still went through the BS of being wrote up fraudulently.
Branigan, can you do a video on the "RICO Act" and how it can affect retaliation, and/or discrimination cases? I believe corruption played a factor in me being discriminated against.
Good idea. I have a long list of videos and I'll add this one to the list.
@@braniganrobertsonlaw my right to sue letter covers discrimination, now I have learned that my discrimination may be connected to the current City of Los Angeles FBI corruption scandal.
@@braniganrobertsonlaw ruclips.net/video/5utcG-lQnrI/видео.html
@@braniganrobertsonlaw ruclips.net/video/E4VD0l6Xh_c/видео.html
what if im third party employee? specifically security guard working for a hospital not under a hospital administration.
Is it protected by lawthe fact that I was a witness for a coworker who was fired by the company? Is it retaliation that other coworkers complained against me because they are mad I was a witness for that coworker being terminated?
Well yes im a server and my manager told me , i can be terminated because no one wants to work with me, because im following rules and they dont like it, plus he has a grudge on me because i did not went along with his advances towars me. I stay quiet just not to lose my job?
Can you refer me to a wrongful termination/racial discrimination lawyer in Illinois please!
What are my rights when the EEOC doesn’t conduct a thorough investigation of my claim?
What if, and do you have mention of this in any videos, a person has an open discrimination claim with the EEOC currently under investigation for a year, and you get then get let go from your job for 'workforce reduction' despite never having been written up in the five years working there and having received above average reviews? Plus, there are other employees with lesser quality reviews, and are themselves on written warning but kept their job?
Workplace politics. You gotta play the game too win
I realize this video is 1 yr old and you are in California, but can you recommend a lawyer in Oregon?
I was being harassed by my management at Lowe’s, I went straight to HR. Managements response to my claim was to cut me off the schedule for 2 months. I went in to talk to management, they told me I was being forced to work in a different department and if I didn’t like it, I had to quit. I put in a second HR claim about the retaliation and was fired 6 days later. Is this a case?
that sounds like a case.
How about conspiracy to commit unlawful retaliation? As in, you participated in a protected practice. A supervisor sympathetic to management learns of a treatment for a mental health condition that does not affect your work, however, could be argued it does if it were willfully disclosed to gain an accommodation. So, they encourage you to request the accommodation claiming their intention is to help you receive the best work life balance possible, but you learn from a coworker their true intention is to use this as a means of removing you from your position. How can anybody possibly seek justice for that?
So this only applies to California, correct?
Do you have people in all states?
yes i do, can you please help me with this criminal people
i have a crazy one! how about Honda laying off temp employees after they said they would not!
Previously HPE Honda Power Equipment, they merged all honda plant of nc with lawn mower, generator, trimmer and generator (into Honda)! they after said no one is going to be let go. lately they have been trying to weed out anyone with the least problems in the temp field no matter how small the issue, as disciplinary and expendable! They seem to be making an excuse to downsize and force out anyone kelly services employee related person. Despite the meeting we attended (stating honda mowers are discontinued )over regulated) and only atv's)less regulated) no one is being let go! I have been informed (that the least of the problems) even a verbal )even once) no matter the issue you are let go! 2 weeks notice! 360 plus temp employees are at the
end of this issue!
My trainer now supervisor assaulted me then had me transferred to another department
I'm sorry bruh
Hi.. I made a complaint against some staff showing a huge cucumber and made humour about that in the presence of a female customer..
I didn't like what I saw..and being their senior.. cautioned them...but some of that staff being a pal of the operations manager....they guided to gain some kind evidence against me... which they did and created a sexual harassment case and victimisation...and a few days later..the security manager comes..and says he got to do an enquiry of complaints received against me...and guess..yes ...no reprimand for the culprits in the cucumber issue..and no enquiry..they shifted the focus on.. now...me..but I'm innocent...
How does a man file a workerscomp retaliation lawsuit within the courts without an attorney
I got removed from the schedule because I showed team work and I didn’t entertain the AGM negative energy!!! 🤦🏽♀️She hates her job btw her words
If you get fired your career is over, no one will hire you. If one gets fired and gets a lawyer immediately then the damages are next to nothing, being unemployed for 2 weeks doesn’t pay anything.
4:50 hmmmm....while the co-worker’s retaliatory tale might not be illegal in a vacuum, if your boss acted on your co-worker’s false report by firing you, that could be illegal, although hard to prove in many circumstances.
For example:
Number 12, let’s say that your co-worker claims he’s worked tirelessly to fulfill the public’s held company’s contractual obligations for the last 2 months, when in fact he went on a Caribbean vacation and filled in his bogus time cards, and created and emailed made-up invoices to the EPA for work he had not performed, all while lounging on a sunny beach, sipping MaiTai’s and staring at girls in bikini. This would depend on facts, but there are likely more than one violation of federal law in that scenario.
Just go to the EEOC instead of waiting until you get fired
What if I complained to HR regarding my boss's discrimination on my race. Then, HR talked to my boss, but 1 year later, I was fired because of my complain. I know this is a retaliation, but do I miss the deadline for the discrimination? Thanks.
No, the statute of limitations usually starts ticking from the last act of retaliation. So, if you just got fired, you can still bring your claim.
@@braniganrobertsonlaw Thank you so much Branigan. You're awesome.
I understand that I will have to bring the case to EEOC or DFEH before I can sue the company. Will my future employer know my case if I bring the company to EEOC or DFEH? Thanks.
If it’s not worth $10M, these NY attorneys won’t give you the time of day. I’m thinking of suing without one.
Can you do a video on how to prove race and color discrimination. Discuss pretext as well.
I already made one on each of those subjects. 😀
@@braniganrobertsonlaw Roger that Sir👍, I will check them out😉
My job is retaliating against me for speaking out about health & Safety concerns. This violates the Whistle-Blowers Act. Am I protected against bullying by my supervisor?
Same issue here too
C Sanders what happened to you?
@@lsmeela3522 They want me to take another position elsewhere. I told my supervisor im not going anywhere. I have no write-ups and I have perfect attendance. Why should I leave? Because you dont like me asking questions about our health and safety on school grounds? Thats not right.
@@creepincarl I raised Covid concerns because we were over crowded in our workspace just after an employee was sick with Covid at work. 3 days later I was written up and placed on probation for not answering my phone "in a timely manner" when I was on call to work the next day which I came into work the time I was told with no negative impact on the business. Never been disciplined in any form prior to this.
@@lsmeela3522 I feel like you have a case. Our right to speak out is protected by OSHA and if you were to file a complaint with OSHA and let them know what's going on, they will be at your job site. Right now, I have OEHS involved with my case. I was conferenced without Union Representation at the time and was led to believe I was only there to sign my timesheets. So it's my word against my supervisors, unfortunately. What my supervisor is going to do is paint me as a disruptive employee and try to get me transferred out of the region.
You guys didn't want to take my case
They only take ez cases.#cowards
I wanna have you as my lawyer
Can You Sue a game Creator?
For what?
Do you give advice to people not living in California?
Nope, sorry. The rules that govern lawyers are pretty strict. In order for me to give advice in your state, I would have to have a license to practice law from your state. I only have a license to practice law in CA.
@@braniganrobertsonlaw that makes sense, I just don't know what to do about my situation and every time I call a lawyer I can't even make it past the person that takes my info. Would an $8 billion net revenue company scare most lawyers away from taking a case or does the person on the phone think my case is too weak, or just not worth their time? I'm completely lost and stressed the heck out.
@@braniganrobertsonlaw wierd thing is, they seem interested in what I have to say until I mention the name of the company.
@@jacobwillette522 I seriously doubt the company scares off lawyers. Usually, I want cases against big companies because that means they will hire good lawyers. Frankly, I would rather deal with competent lawyers on the other side than goofball yahoos who don't understand employment law. Its more likely that your case isn't very strong so the lawyers who are reviewing it are not interested. But there are countless stories of folks who have to call dozens of lawyers before they find one who is passionate about their case. So, keep calling.
@@braniganrobertsonlaw Do you have any suggestions, non legal advice, where I can go to get answers? When I watch your videos or look online my situation seems to fight so well with retaliation and maybe some other things. Do I need to go through the EEOC before I do anything or can I go straight to a lawyer?
How to much time you have to take legal matters.
I'm not sure I understand your question. Are you asking how much time I personally have to take legal matters?
How much time the employee after been terminate from work to take them to court.
Reason why I’m asking is because after what they did to me and my health condition. Is been really hard for me to get the help that I need.
And they retaliate on me since 2015 and I manage to protect my self of getting terminate but and dec 28 2018 they terminate me. After telling HR and let him know that my health issues and all the stuff my supervisor did to me. He did send me to doctor to get medical care and he didn’t care or believe me. But I send him texts pictures and ask him to investigate. But I didn’t get no medical care what I did got on the mail a termination letter and lie on the reason why I was terminate
I have been looking for help but is real hard for me to explain what happen over the phone. I think if they see texts, pictures, documents and type of job. But I haven’t find one to let me know yes you have a case or explain me why I don’t have one.
♥♥♥♥♥♥♥
Did it hurt when you fell from heaven?
mothers can you teach your little boys htat hacking in a felony, they should not be doing this if they want to stay out of jail
Wish you were around awhile ago the main culprit supposedly passed, it seemed everyone was afraid of him. I think he was the daughter of the devil and his buddy who brain stormed my departure both were woman not men .
I left a message for you,regarding retaliation case, left my number also. Thank you
Did u get any response by chance ?
@@mana0tube
Unfortunately, no
So did you want to be a lawyer to help people, or in it just for the money?...... gotcha! Yep im pretty slick too!