It is illegal under federal law and under California law for an employer to relate against an employee that reports or otherwise opposes unlawful activity.
Retaliation in the workplace is any form of adverse action that an employer takes against an employee because the employee engaged in a protected activity. That protected activity might be filing a complaint about harassment, or discrimination, or unpaid wages. Examples of an adverse action include:
- Being fired, laid off or demoted
- Being reassigned to objectionable or risk job duties
- Being passed over for promotions
- Having their pay reduced, their benefits terminated and/or hours cut back
- Receiving negative performance reviews in the absence of any job-related performance issues.
California and federal law protect employees against workplace retaliation. Also, the law doesn’t only protect the person who filed the complaint, but it also protects anyone who participates in any investigation that arose from the complaint. This means that employees who are interviewed regarding a complaint cannot be retaliated against for participating in the investigation.
If you believe you have been the victim of unlawful treatment in the workplace, our office can provide the information and guidance you need to do something about it. We will fight diligently to hold your employer liable for their misconduct and secure appropriate compensation for your suffering. Persons who win their retaliation cases are eligible to collect economic losses. This means wages that would have been paid had the worker not been fired or demoted or had their hours cut. In some cases a person is also eligible to collect compensation for pain and suffering as well as attorney’s fees and costs. In rare instances, retaliation cases result in punitive damages for the client. These types of damages are more difficult to prove and must show that the employer acted with oppression, fraud or malice. Ask your retaliation lawyer what damages apply to your situation.
You may be entitled to recover:
- Back pay
- Front pay
- Emotional distress damages
- Punitive damages in the case of truly egregious violations of the law
How Much Does a Retaliation Attorney Cost?
Our office represents victims of retaliation on a contingency fee basis. This means that the client does not pay any expenses out of pocket, and does not pay attorneys fees until the case is won or settled. If the case does not settle, or does not result in any recovery, then the client does not owe any attorneys fees. The lawyer is paid a percentage of what is recovered at the conclusion of the case.
Should I Consult a Retaliation Attorney?
If you feel you have been the victim of retaliatory employment practices or other employment-related injustice, contact our office to see how we can help. Lawsuits can be extraordinarily complex, and often require a trained professional to maximize the value of your case. It’s also important to contact an attorney as soon as the retaliation, whether firing, demotion or harassment, occurs.