San Diego Workplace Retaliation Attorneys
Aggressively Protecting Your Employee Rights in CA
While employees are entitled to certain rights in the workplace, this doesn't prohibit some employers from engaging in illegal and unethical practices—especially when it comes to retaliating against workers for exercising their employee rights. In California, retaliation is a common form of workplace discrimination that occurs when an employer takes adverse action against an employee for exercising their legal rights or reporting violations of the law.
If you’re a victim of employment retaliation, understanding and exercising your rights is imperative to protect your financial security and hard-earned reputation in the workplace. Fortunately, M&A Law Offices has decades of experience to safeguard your employee rights and hold your employer accountable for unjust actions against you. Our retaliation attorneys can work tirelessly to build a robust case on your behalf and ensure you’re compensated fairly.
If your employee rights were violated, turn to our California employment lawyers to safeguard your economic security. Call (888) 716-4314 to schedule a free case evaluation!
What Constitutes Retaliation in California Workplaces?
Retaliation refers to any adverse action taken by an employer against an employee for engaging in legally protected activities. This includes participating in an investigation or lawsuit related to employment discrimination, opposing practices deemed illegal or unethical, or reporting illegal acts, such as workplace discrimination or harassment.
Under California’s employment laws, retaliation encompasses any negative employment decision that discourages a reasonable person from making or supporting a complaint about discrimination. Securing skilled representation from a knowledgeable retaliation attorney is imperative to protect your rights in the workplace and pursue fair compensation.
What Does Retaliation Look Like?
As an employee, understanding common forms of workplace retaliation is essential to recognize the warning signs and exercise your rights accordingly. Retaliation can manifest in various forms in the workplace, such as:
- Terminating or demoting an employee for no reason.
- Reducing an employee’s wages without a valid cause.
- Giving negative performance reviews without a legitimate reason.
- Excluding employees from staff meetings or other company events.
- Overlooking qualified employees for promotions, raises, or job tasks.
- Forcing employees to take on more work without an appropriate pay raise.
Legal Protections Against Retaliation in California
In California, workers are protected by both federal and state laws that prohibit employers from retaliating against employees who exercise their legal rights. Here are some important legal protections against workplace retaliation:
- California’s Fair Employment and Housing Act (FEHA): This law prohibits retaliation against employees for engaging in protected activity related to discrimination or harassment.
- Civil Rights Act of 1964: This federal law prohibits employers from retaliating against employees who report discrimination or harassment based on protected characteristics set forth by the U.S. Equal Employment Opportunity Commission (EEOC), such as race, gender, religion, or national origin.
- Whistleblower Protection Act: This law protects whistleblowers from retaliation for reporting illegal conduct by their employer.
- Americans with Disabilities Act (ADA): This federal act protects employees from retaliation for requesting reasonable accommodations for their disability.
If you were retaliated against in the workplace, consulting with a skilled lawyer is critical to hold your employer accountable for adverse actions against you. Our attorneys can evaluate your case with a practiced legal eye to help you navigate the legal intricacies of your case and pursue justice on your behalf.
5 Signs of Workplace Retaliation
While there are various legal protections against retaliation in California workplaces, many employers still implement subtle tactics to deprive workers of the pay, treatment, or benefits they rightfully deserve. Recognizing and addressing signs of retaliation is essential to safeguard your professional reputation and economic security.
Here are some common signs of workplace retaliation in California:
- Being passed up for a deserved promotion or raise.
- Sudden and excessive micromanagement in your day-to-day tasks.
- Denial of work-related benefits, such as education, travel, professional development, and other employment opportunities.
- Being intentionally removed from meetings, conferences, trainings, or social events in the workplace.
- Experiencing workplace bullying or harassment by your employer or coworkers.
How Do You Prove Employer Retaliation?
Proving employer retaliation requires a nuanced understanding of California law and a strategic legal approach. Employees are responsible for establishing a link between the protected activity they engaged in (such as filing a discrimination complaint) and the adverse action taken by the employer (like termination or demotion).
Importance of Gathering Compelling Evidence
Securing reliable representation from an accomplished lawyer is critical to presenting compelling evidence and establishing a clear timeline to show that the retaliatory actions took place shortly after the protected activity. Your attorney can help you showcase any inconsistencies in your employer's reasoning and highlight relevant communications that may indicate their retaliatory motive.
Documentation plays a critical role in substantiating retaliation claims. It’s important for employees to maintain detailed records of incidents, conversations, evaluations, and any changes in employment terms that occurred after engaging in a protected activity. Witness statements from colleagues who observed the retaliation may also strengthen your case. Our firm can help you navigate the complexities of your claim, gather strong evidence, and ensure your rights are protected from start to finish.
Recoverable Damages in Retaliation Lawsuits
Seeking sound counsel from an experienced employment lawyer is essential to recover damages in a retaliation lawsuit. Our attorneys can aggressively protect your rights and maximize available compensation to recover full damages on your behalf.
Common recoverable damages in a workplace retaliation dispute include:
Economic Damages
Economic damages cover direct financial losses, such as back pay for time off work due to retaliatory action, loss of job opportunities arising from the adverse employment decision, reduced hours, bonuses, or hourly rate due to retaliation, and loss of employee benefits, such as healthcare, retirement plans, and insurance coverage.
Non-Economic Damages
Non-economic damages cover non-financial losses, such as emotional distress resulting from the retaliatory act, pain and suffering, and damage to one’s professional reputation or relationships with coworkers.
Punitive Damages
In rare cases, courts may award punitive damages to punish employers for retaliatory actions and deter them from engaging in similar behavior in the future. Punitive damages are typically awarded when an employee can prove that the employer’s conduct was malicious, willful, or oppressive. Our retaliation attorneys can fortify your claim with compelling evidence and pursue maximum compensation on your behalf to ensure you're compensated fairly.
Compassionate Advocacy for Wronged Employees in CA
At M&A Law Offices, our compassionate advocates are well-versed in the legal nuances of California employment laws to identify retaliatory acts and demand the compensation you rightfully deserve. We can fight to protect your employee rights by holding employers accountable for illegal violations, restoring your peace of mind and financial security in the workplace.
From sexual harassment to overtime violations, our passionate firm is dedicated to safeguarding your right to work in a safe, non-discriminatory, and professional environment. With our proven track record of results representing wronged workers throughout California, you can trust our firm to deliver the skilled advocacy you deserve.
When your professional reputation is on the line, turn to an employment law firm with over 20 years of experience. Contact us online to discuss your case with our seasoned California attorneys.
Why Choose M&A Law Offices?
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We have a tried and true, case-tested process to help get you the results and restitution you’re entitled to. Learn More
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M&A Law Offices has established itself as a go-to law firm in California for victims of all types of employment law cases.
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Lawrence is a lifelong business professional working in the public and private sector.
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You will not pay us anything until we have secured a settlement or result from your employer. This means that we fight for you to get you the best result.