How Employment Lawyers Prove Retaliation
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- Опубликовано: 20 июл 2024
- California employment lawyer Brandon Ortiz explains the methods that employment lawyers use to prove that their clients were terminated for unlawful and retaliatory reasons.
Brandon Ortiz represents employees in wrongful termination, medical whistleblower retaliation, discrimination, retaliation, and harassment lawsuits. To learn more about Brandon, visit www.ortizlawca.com.
More info about retaliation: ortizlawca.com/wrongful-termi...
What to do if you are being mistreated at work: ortizlawca.com/2021/09/protec...
Ive got direct evidence I was fired for retaliation of asking about unpaid bonuses which is a protected activity federally. Funny thing is, the best thing I did was ask for a termination letter.. Because in that letter they lied and made up so many different slanders that I now have it in writing from them and I can dispute the lies and show the proximity from time I was fired to this happening.
Update?
You just want to show up to work and work and go home and pay Bills and just try to be a normal person but these bosses manager these monsters will do everything they can to just mess up your day just beacase they don't like your skin color they will harassment you. What a world we live in
You're just trying to make a living.😢
Yup it’s sick then they say people of color don’t want to work well we trying to but gettin hassled about it 😢😮
I totally agree with you
This!
Isn't this the gospel. may we all get justice against these monsters
This has really help me because am going through retaliation and discrimination. My contract has been terminated.
I complained my coworker put a box cutter near my neck - maybe less than a foot - with the blade out. They did nothing to him and fired me because I refused to go alone with him in the van on a call because I am afraid of him. I told them all the scary things he used to say to me about murdering ppl. They didn't care. They just fired me. It's like they wanted me to get killed by this creep.
So, how did the police report go? Was the guy convicted?
@@PvblivsAelivs they couldn't charge him because there wasn't any video footage. It's interesting how they saw on video him picking up that box cutter, but just before he holds it up towards my neck it cuts off.
I was fired after I made a complaint to HR about my boss
Me too. You can sue if you have evidence
💯💯I was wrongfully terminated I contacted BOLI it took them a year and a half to investigate and finally they sent me a letter stating that the company wrongfully terminated me and they gave me a right to sue letter 💯💯
I appreciate your time; to share this knowledge.
This is the best video I have seen. It checks all the boxes for all 4 of my cases; OSHA, EEOC, Federal, and Unemployment Tribunal. Thank you and I wished you practiced in my state.
I am facing harassment, discrimination, retaliation, defamation of character. I quit this job years ago, I am being blocked from getting a job i want and facing harassment along with felonies and stalking
5:45 direct evidence
6:51 implausible pretext
7:52 sham investigation
10:10 changing story (lack of accountability for the decision)
12:26 sudden contradictions to prior performance
13:48 the reason is proven to be false
15:20 timing
My employer made me use my PTO hours for restroom breaks. It’s not as tho I take long bathroom breaks or anything.
My manager wrote me up for taking time off but the time off was actually days covered by my FMLA leave when I got hurt. Im pretty sure that’s not allowed.
I would sue I'm going through a similar issue! Good luck!
I’m being demoted after reporting a insubordinate employee. And at the same time I have a workers comp claim against the company. I have an attorney. I feel like I’m being retaliated against.
I am sorry to hear about that. You should consult with an employment lawyer to discuss your options in a confidential setting. Most employment lawyers offer free consultations. Good luck to you.
Great information
Thank you! Great information!
That is what happened to me Polo Ralph Lauren, Project Inner Connection/ Presley Woods Apartment, and Ethan Allen.
Wow, this is almost like you are explaining my situation.
Thank you for video! I'll be contacting your office soon.
Very good video !thank you
Excellent information, thank you very much sir!
Thank you for sharing your knowledge and expertise. I wish you success in your practice!
Great info 👍
GOOD INFO, BRO. 👍
I'm going thru #4 now. They switched their reasoning for terminating me. It was shocking too me.
I was also terminated and they gave me two different reasons, but I got it on recording and none of it happened and they don't know about the recording so it's not going to add up to they written report, so what happened now, I can prove it that they lied, I've been documented for about 2 months because they've been harassing me and I got plenty I mean planning on tape
Me too I want to know if I have a case
I need you on my case now. I have a case that is so easy it’s insane and these lawyers down here are so dumb it’s unbelievable
How did it turn out Jesse?
they are trying to push me out of my home, and they stole 30k from me too; criminals, please have the authorities arrest them/stop them
I was terminated from a hospital because they started writing me up for patient complaints. Guess what, patient’s complain every single day. One write up was a lady saying I gave her IM injection so fast she didn’t feel it and questioned if she got any med.
I contacted a local lawyer and left message as no one answered. I never heard from them. I feel they work for those hospitals, not the individual.
This was very enlightening thank you! I'm facing retaliation and discrimination by my employer and live in California. If I end up getting unlawfully terminated i will be contacting you.
yup I was fired last week and even with witness I did not do it still fired. wish me well
I have also been pushed out of my career, home and lost all my friends and family from their tricks
Two thumbs up 👍👍
I was threatened to be cut up while manager was present and did nothing to help me so i complained to HR and was immediately fired
Great video what if your manager was reprimanded for having inappropriate conversations with other teammates about you regarding an agenda to get “rid of you” will this strengthen a case?
Yes if you can prove that.
@@OrtizLawOffice I believe so the coworker she approached actually came forward on my behalf and reported her for unethical and unprofessional conduct
I’m still employed in NY state. But after I put in a concern regarding a protected law ‘mandate reporter’ that employer is not following, then a week later I’m moved into another position, it appeared on my work evaluation, so therefore there is retaliation. Then I’m put with a woman instrumental with lying about coworkers, which got fired months after their move to work with her. I’m being set up. Now I’m recording all my conversations or private meetings with director or supervisor, I’m journaling everything, I have a copy of my work evaluation, I have several witnesses (coworkers) that have seen, heard, or know of what is going on. I know I will need to do an email of non threatening complaint but not sure what to include so it is just written proof. So I see very well what is going on. My question is: can I or should I hire a lawyer before my inevitable termination?
My former employer withdrew their motion for summary judgment 2 months before court. Why would they do that? It was not in an at will state.
thank you, but being out of sight out of mind doesnt leave many options!
Great video !!! What percentage of cases actually go to trial after the defendant looses the motion for summary judgment ?
Thanks
Good question. The vast majority of cases settle. I can't give you an exact percentage statewide or nationwide, but in my own experience I would estimate that 90-percent plus have settled after MSJ.
@@OrtizLawOffice Thank you so much.
I need to hire you ASAP!
I’m being blocked from working ot getting a job
I quit but these criminals are blocking me from getting work
HMM....That might be a case to look at.
Do you have to be fired to file a lawsuit or can you sue for harassment to get you to quit?
Hello. That’s a good question. You only have to suffer an “adverse employment action” before you can sue for unlawful retaliation. Adverse employment actions include pay cuts, denial of promotion, reduction in hours, transfer to a less desirable position, demotion, etc. That being said, it may not make sense to file a case if your damages are not sufficiently high due to the costs of litigation and other considerations.
No; you do not necessarily have to be "fired" ; or get fired for, say, "low productivity standards" (even if it's a "retaliation" case.). Retaliation can also result in "layoff" (which is like "termination"-but not necessarily "fired" -unless you are a union worker with a contract that has stipulations that dictate otherwise. Retaliation can take the form of: "disclipinary suspension" -without pay" ; a "negative performance review" containing false, shaky, or misleading information; demotion in pay, lowered pay raise, no pay raise, demotion to an originally held position (usu. that pays lower than one currently receives), demotion to a lower paying position in which you never worked....(cont'd)...
an old employers employees keep doing digital crimes against my home and personal life. I need help as they fractured my back too and hit my car 4x and did not pay money. They owe me over 200k in pay and blocking me from working in my field and thus doing crap jobs. The thing is they still dont leave i quit 5 years ago, and why are they still harassing me illegally? I guess i need to push law enforcement to start arresting these criminals and lawyers to get my lost wages back
Hey buddy I like your videos they are good I have a situation that's in union arbitration now .
My company has did a hand full of stuff threaten me and a other worker ect I was threaten to he arrested and removed from the property and then as I leaving the formen called me out to fight and then told the other formens on site that I quit I was then removed from the job list and the company took 2 weeks to get in contact with me and and when they did I was told off by the owner and and they refused to give me my roe and never gave me a suspension never gave me a reason to fire me no type of penalty just up right tool me off and head management didn't reach out to me kinda just brushed it off it's in arbitration now with the lawers now and I never been in this type of situation and now it's a negotiation process and my lawers not really giving me advice let alone telling me were I stand in the situation I lost my job and lost my union threw I due to lose wages and cut from the company months be for the season ends . If possible or somebody on the education side could help me out and give me adive that be great
I was fired the very day i complained of the new pay policy they are enacting for contract laborers which i am. The new company gave us three options on how to get our paycheck two of the options was if I did direct deposit so I can get my check in a timely manner they were going to charge me 2% plus other variable fees or wait 7 to 10 business days for a check whick would have put my pay out at least 7to 10days past rhe agreed upon 2week paid period when i complained about it to the rep that was wage theft and withholding my pay and that i was turning them into the labor dept or at least running by a labor lawyer she cut the phone call short called back a id say about an hour later and fired me. Thank you for telling me to get a termination letter . Should i sign anything when i pick up my last check.
I have a question. So I am experiencing retaliation, disability discrimination, harassment, and discrimination by association. Every time HR tries to stop the boss, I experience another issue. What can I do besides suing
I'm in Destin Florida. Retaliation. Was fired in less than a week .can you help?
Not sure if this will be answered so I’ll give it a shot. My husband was recently terminated for being out for one no call no show due to psychiatric hold for his mental health issue. Prior to this, he had issues with his boss for months and it’s been causing severe stress (boss is yelling at him, pointing finger in his face, telling him to change his personality, etc) this was consistent.
He finally had to tell management (not hr due to being scared of getting fired or him finding out) upper management said he will talk to his boss and finally he stopped crossing lines but then got fired two weeks after for having a severe episode from the stress and was told he can’t come back to work. He has no other performance issues and never had a no call no show. Is that timing reasonable? To be called retaliation.
It's retaliation ...
When I went to the mental hospital they gave me a letter to show my employer. Did the hospital provide?
Was he on fmla? Does he qualify for fmla? If he told his employer he was having mental health issues that is a disability. Well, he had to have prior mental health issues. They did not go through the Ada reasonable accommodations? Sounds like retaliation. I had this done too
This sounds like bullying.
I'm a 27 year old black female with a legal disability under the ADA. I have experienced wrongful termination several times to the extent of unethical if not illegal. I can't afford representation; although even if I could, these employers are like Goliath and Thanos. Justice seems like a fantasy in my reality. It's something people like me hope and pray for. It's like the exception, not the rule.
Put together a timeline with evidence to back it up. Start with employer name, address, your name and address the dates of interviews, hiring, being terminated and anything in between that might be relevant put at the top and bottom of each page “for the purpose of gaining legal representation”. This allows attorneys to triage your case and see if anything is there. Stick to facts and specific incidents. No emotional stuff, no hearsay. I hope this helps. Include any relevant contracts.
EEOC. use them. Don't give up. Be a presence at your EEOC at every turn.
in the same situation but read, reach, youtube on what you have experienced try hard and file ONLY YOU KNOW WHAT HAS HAPPENED. filing a lawsuit just try if u win or lose U TRIED
@@jgmatpEEOC is a joke. They are overworked. Google EEOC chai. She said that like 85% of the claims are sent back and asked both parties to compromise. What a joke
Mr Ortiz, Does the General Corporate Knowledge of protected activity apply in federal cases?
Mark I am not sure I understand your question. I would need to know more specifics to give you an answer.
You would cringe at the case of me getting fired while working for the Local 688 in Missouri.
I do have a video recording of the grievance meeting.
I was not allowed to have an attorney present but I was wearing a bodycam.
It was nothing but an interrogation that asked 9 questions 5 times, all in favor of the employer.
They would not answer any question that I had.
If all the other employees of that Local knew how they would be treated, they would quit.
When the supervisor you ask to be removed from calls you a peice of 💩 to another coworker.
Hello, thanks for the video. Can you please provide case law, or good information in general about reason #2? I think this would be of great assistance to those of us that are pro se. Specifically, it would help with writing rebuttal statements to our state Human Right organizations or EEOC. Thanks in advance.
Lots and lots of EEOC videos on how to respond
What do I do if there retaliating against my medical LOA that I have, it's an FMLA.
I am sorry to hear about your experience. You should consult with an employment lawyer to discuss your options. Most employment lawyers offer free confidential consultations. Good luck to you.
I have been harassed for 4 years and pushed out of my field by old cowrkwrs and electronic surveillance .
Please help me these people won’t leave me alone I have already quit years ago .
I just want my life back
Hi I'm new to your channel and I was just listening at what you were saying on your Joan so I had a problem for 4 years now and Tampa prep supposed to have a wellness program for the employees I complain about I was having this problem where someone was making a platform on Facebook a fake one and they were stealing revenue and doing money laundering and belzoni money under my name and buying cars and and houses and feeling good or what they were doing and I addressed the problem they were tracking my phone and also putting a fake tricolor on the bus and as I I was approaching HR with this matter and letting them know that people are following me to my house just as well as that to my workplace and around my family and I wanted to stop so I got fired this morning I want to know how I can handle it if you could reach out to me and tell me what I need to do but I'll be looking into unemployment lawyer because I know it's something can be done but I went to the police nobody wants to touch this matter because it's a private school and I'm left turning my hands like what is this I am not on any platform.
Hey my friend what state are you in..??I got Terminated for reporting a my supervisor for harressment/bullying to h.r next 4 days my supervisor personally escorts me off the property saying am fired without explanation...Mind you I believed he aslo usurped his authority..lastly I just signed a 1 year contract with the company..please help 🙏🙏
What if i have a witness but they are uncooperative?
Maybe you should leave them alone so they don’t get cancer and can heal.
@@Sierrz I need more context for your comment
How about if they fire you because of staff forming a group discussion over Facebook in attempt on action against illegal activities
California has big employment verdicts and some stand and if your complained or blew the whistle most appeals court want
Casual connection and three months later is hard to prove but some companies will fire you the next day . So if you file a complaint
three months later they cut your hours and work you out the door. Your lucky if they fire you with in that 90 day window . The
HR changes Directors a lot of time but your file history is there . Talking to other workers will get you fired they run to the company
and complain and lying on a deposition or testifying in court is not perjury in civil cases .The Tesla case they didn’t take the man seriously
and lost big time because money is no object to these corporations till they lose a big case .
Why we need to end at will employment or at least if it’s on the spot it has to be justified.
I have coworkers , excoworkers hacking into my home pc non stop
They commit felonies hope their company and law enforcement get rid of them asap
can a california ATTORNEY for former employer be charged with retaliation for not producing employement evidence of excused leave of absence in a medical discrimination dfeh case? The attorney for my former employer will not give me physical evidence for my case that proves I had permission to take two days off , then fired me after I took the time off. ? Thanks.
Hi thank you for your question. You should speak with an employment attorney to determine whether you are better off requesting an immediate right to sue letter and proceeding directly to court, where you can demand documents in discovery. With only a few exceptions, employers are generally not required to turnover evidence outside of formal court proceedings. One exception is the employer is required by the California Labor Code to permit you to inspect your personnel file within 30 days upon request. The DFEH can request documents from the employer but, like I said, you should speak with an attorney to see if it makes more sense to proceed directly to litigation.
What if you weren't terminated but they were building up false allegations
I was fired me basically for coming to work too early before my shift because traffic was going to have me show up for work late so I went work went in to use the micro wave then was going back to my car until my shift but the guy that was working didn't want me inside using the microwave, we had words but i never threatened him then his dad came back pulled a gun on me then my company fired me for being hazardous to the work place saying I was not supposed to be there and his dad's facing 2 degree felony charges. Can I do anything about this?
P.S
I'm thinking in the paperwork I signed when taking the job it's states I'm not supposed to be there until my shift I'm not sure and the termination paperwork they wanted me to sign I refused.
I wish I had known about this stuff in 2013 , I was working at Target and the HR manager hated me also spread false rumors to the lead L.P . I was harassed on the daily , I couldn't even go into the bathroom without a loss prevention employee following me in. Then I went to my locker one day and found my jacket with the pockets inside-out , they also poured coffee on it.
This is something I could've definitely sued for . I did contact corporate but I'm not even sure if they did anything about it.
What if not fired yet but it's still happening
Thank you for your question. The question would be whether you have suffered an adverse employment action, which includes termination, demotions, pay cuts, transfers to undesirable positions, etc.
Are you licensed to practice in Oregon?
I have a convincing case, please contact me. My employer wrongfully terminated me, refused to pay me my wages owed.
I was scratching my head when my white southern boss told me that Mexicans were taking the jobs of construction workers such as her husband and charging cheap for labor. I couldn’t believe this statement was said to me. What do you think of this act?
I think that is an inappropriate thing to say.
I have coworkers illegally hacking my pc, this is a felohy. They have destroyed my life and career. They are crininals and i need a lawyer today. I do not authorize them to be on my pc
Can you help me old conworkers blocking me from getting employment . Being forced to pay thousands out of pocked for certs, classes etx
Hatassemrnt , defamation of character , theft , felonies
I suffer from (documented) "severe anxiety". Although I won a plaque for exhibiting great customer service for 2020, 2021, 2022, when I received my 2022 evaluation, I was basically given a bad review for symptoms of ANXIETY. Been there over 17 years and always performed my job, I was given this bad review after the director yelled and threatened me at a meeting, because i spoke up when he and a manager attempted to lie on me. I reported it to HR, that is when all of a sudden "I Don't meet the job expectations" as documented in my 2022 evaluation ...manager knows im on reduced schedule FMLA, he openly shows disparate treatment towards me, discriminates towards me due to FMLA disability. Although we are of the same RACE, we are not of the same ETHNICITY, I am of HISPANIC "National Origin" (he has knowledge of that) and does not hesitate to show it by treating me differently than my colleagues. And he also knows I practice a different religion than him. I am 100 percent certain all mentioned is why he discriminates towards me. I am going to file a case with the EEOC after the 4th of July...
All the best
Horrible !
EEOC is a joke. I would not put my faith in them to do their jobs. It is a FMLA interference. Also a reasonable accommodation lawsuit
If I have a recording of the supervisor saying I am not paying you sick time because you reported us to the DOL. do I have a retaliation case and is it worth anyones time ?
check company policy...you can't just go around recording people without consent.
@@dart1806 I’m not sure where you got the hair brained idea that you can’t record a conversation of you and someone else. Are you also one of those people who think it’s illegal for a stranger to film you in public
@@daddyshome6990 look up the law. some states require consent before recording another person. what you do in your spare time filming strangers that $hit is on you.
@@dart1806 I’m in NY. so it’s not illegal here. Also you’re being recorded every single time you step out of your house by public cameras, you don’t seem to have issues with that but get weirded out when another citizen does it. There’s no expectation of privacy in public. You need to watch “Long Island audit” or “Bay Area transparency” videos at your leisure and you might get a good laugh and learn a thing or too also.
@@daddyshome6990 Sorry you are in New York. Don't matter with all those Cameras, those criminals don't care
I will call you I was terminated at will but I was bulled, harassed, gas lighting because I didn’t undermine the illegal activities in my job role
They are blocking me from getting a job some where emse
My supervisor retaliating against me by stealing my overtime off the timeclock and when they caught him they only gave me regular time pay back and no overtime and I got plenty more stories like this this only the beginning 😁😁 and oh yeah he still working there right now 😲😮😃
Update, I lost my job, they fired me 😐
Come on out! 😂😂😂😂
WORKERS want to create a more collaborative environment where they exchange ideas with peers and accomplish a mission instead of a corporate culture that’s rigid with policies and procedures. People make up your workplace, and the world around your workplace as well. Your team members are inexorably linked to the groups, towns, cities and states around them.
As employers, embracing that fact can help bolster a positive, thriving environment at work.
I quit already now the psychos try to murder my dogs
Lol convince another mf of a lie Ralph after getting caught up and now protecting himself after what someone else advised you.lmao
Hello what is an email can email please
Hi I'm new to your channel and I was just listening at what you were saying on your Joan so I had a problem for 4 years now and Tampa prep supposed to have a wellness program for the employees I complain about I was having this problem where someone was making a platform on Facebook a fake one and they were stealing revenue and doing money laundering and belzoni money under my name and buying cars and and houses and feeling good or what they were doing and I addressed the problem they were tracking my phone and also putting a fake tricolor on the bus and as I I was approaching HR with this matter and letting them know that people are following me to my house just as well as that to my workplace and around my family and I wanted to stop so I got fired this morning I want to know how I can handle it if you could reach out to me and tell me what I need to do but I'll be looking into unemployment lawyer because I know it's something can be done but I went to the police nobody wants to touch this matter because it's a private school and I'm left turning my hands like what is this I am not on any platform.