How to Prove Retaliation at Work

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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 #employmentlaw

[KarmasAbutch]

Wrong about prevention. Retaliation and mobbing occurs most often if you are a threat... not dead wood. A threat is a capable employee who is often a hard worker but expected an employer or management to really follow their own policies and will stand their ground on that. Your value disappears in a heartbeat when when you accidentally shine a spotlight on someone with more power who got egg on their face as a result.

[baberoot]

Lol. The company will never admit to 'punishing' anyone for a 'protected activity'. They will fire you for other, 'made up' reasons. We all know this.

[anonanonymous]

Uh, I became a valuable employee and it was threatening to my boss so he retaliated when I raised ethical concerns. It's not true that all supervisors want to protect valuable employees.

[sumithasb]

The performance part is tricky . Sometimes the employer wants to get rid of you and will foster an environment for poor performance for eg. Exclude you from important meetings and provide half baked information, deny access to resources, not share access to tools or information . This happens a lot in the software industry where it is a struggle to perform without sufficient access or knowledge. Sometimes you are given tasks that are not part of the role you were hired for but your performance is measured for those tasks . It is very tricky on how performance is measured especially when a person is terminated for reporting something illegal.

[RR-nlep]

This guy does know what he is talking about. I wish I would have came across his videos earlier. He is giving a lot of info he does not really have to reveal. It is all on the Internet, but you really have to research for it. He taught me a lot in just this short video.

[GabrielsTears]

Sometimes due to a gentle quiet empathic personality in a narcissistic bullying setting the person is abused no matter how great the of an employee they are. They are just seen as toys to play with by the narcissist boss and coworkers. And some professions draw narcissist like a magnet. Software engineering is one of those professions.

[melvinISmischievous]

I was doing my job, the merchandisers job, my managers job, my AGM's job and part of the GM's job. I asked for a raise and less then 30 minutes later I was given a verbal and 2 write ups for bs all at once. So I immediately put in my 2 weeks and stopped doing all the extra work. After a few days of people having to do their own jobs I was "let go due to poor performance" I was doing my exact job description. I guess they really wanted to do their own work.

[jacquelinemanzano]

because words evaporate, I always put everything in writing as it is more constant. i am always respectful/civil because kindness deflects anger. If the bullying continues, I use the paperwork with consequences method.

[kevinprice]

I have just recently been terminated. I spoke with an attorney and they have taken the case of retaliation. Unfortunately I am now unemployed in the middle of covid and the first of the month. Imagine that. Thank you for your video.

[ak_zombie]

Great video! Wish I had this type of information a couple years ago. Currently in the middle of a retaliation/whistleblower lawsuit. I was trying to get former employer into compliance with state fire codes, OSHA regulations and FAA tower lighting regulations. Was fired for not being a team player and making peers "look bad". Since then they have worked to blackball me.

[mirandacuriale]

I love this guy, he’s got Intelligent skills of breaking down this subject! Thanks

[veed]

Great info. The only thing I will recommend is either complaining or making requests in writing DIRECTLY to your supervisor. Apart of prevailing on a retaliation claim is that your supervisor needed to have prior knowledge of your protected activity. If you complain to HR and HR never "formally" informs your boss, your boss can legally make a claim that the termination occurred with no knowledge of your protected activity. When you have emails of your complaints to your boss about your boss' actions or requesting a reasonable accommodation, the company is in a very tight spot to defend the claim. Even if they assert the reason they terminated you is because of poor performance: your written complaints about the bosses actions could convince a judge or a jury that their reasons for firing you for poor performance are pretexual, and the real reason is because you engaged in protected activity.

[sampson]

I definitely need to contact your office. I had issues with someone harassing my coworker and when I went to my Senior VP and Human Resources nothing was done. Then I got let go for "work performance" which didn't make sense given I was new to my role and I was performing adequately.

[laquanwilliams]

The eeoc JUST found A restaurant I worked for guilty of retaliate & wrongful termination.
The managers made up Nonsense based on a call that we had weeks prior to the actual discrimination.
Had I NOT did all my communications through text, I wouldn't have had the smoking gun to prove they were lying. This video truly helped me out, and now I'm waiting to see if they'll accept our offer

[dingleberry]

I wonder if management gets fired, for causing the company thousands of dollars, for retaliation, hostile work environment, harassment, discrimination ECT..

[thembisilengobeni]

Thank you for the video, lm victimized at work for lodging a grievance at work and the retailite by opening protection order for abusing the child, instate of escalating my grievance.I suffer major depression and Anxiety and admitted in psychiatrist hospital twice.

[kevinprice]

I appreciate you taking the time to share this information. It is priceless.

[DW-urxt]

I wish I could have found you 2 years ago I still have an active case in feds court but you explain these things so much easier YOU ARE A GREAT EDUCATOR!!!!

[pillarpain]

Great videos, very informative and engrossing! Branigan speaks with style, substance and clarity! Thank you!

[denisemyers]

I was retaliated against by my DM because of complaints made to HR regarding his harassment & racial discrimination. This video was really informative and gave me alot of info that I didn’t know. Thank you Mr!