In an employment retaliation cases, the employer will attempt to prove that the action taken against you was justifiable and non-retaliatory. If you have been subjected to such an action, the help and advice of an experienced Orange County business litigation attorney will be invaluable to you.
A Claim of Retaliation
Your Orange County business litigation attorney must demonstrate that the activity for which you were transferred, demoted or terminated was protected by law and that the action taken against you resulted directly from that activity. Conversely, your employer must demonstrate that the opposite is the case. The employer will try to prove that there were justifications for the action not related to retaliation. Whether or not the employer was aware of the protected activity and how it knew will be a vital point. If the employer has no knowledge of a protected activity, retaliation does not apply.
When taking a deposition, each attorney will question the other party after that party has been duly sworn in under oath. Your Orange County business litigation attorney will concentrate his questioning of the person who implemented the action taken against you on two primary issues.
- Demonstrating that the employer had knowledge of the protected activity: You knew that my client had filed a harassment grievance before you demoted her, isn’t that right?
- Demonstrating that those involved in making the decision based their processes on that knowledge. On the possibility that the decision maker answers the above question in the negative, your attorney may counter with: Did you decide to demote my client, or was there someone else involved? On what did you base your decision? Where did you get your information?
Don’t Face This Alone
If you are facing a retaliatory action, don’t hesitate. Call Daily Aljian LLP or Reed Aljian and Justin Daily, your Orange County business litigation attorney, at 949-861-2524 today.