California Workplace Retaliation Lawyer
Has Your Employer Retaliated Against You in California?
At Ken Goldman Law, we fight for the rights of workers in the workplace. One of those rights is protection from employer retaliation against you for exercising your state and federal rights in the workplace. Whether you disclosed unlawful activity by your employer as a whistleblower or incidents of discrimination or other employment rights violations, you cannot be “punished” in any way for your actions. If this has happened to you, the time to act is now. Attorney Ken Goldman has a strong track record as an experienced litigator and fierce advocate for California workers who need support against retaliating employers.
What Is Workplace Retaliation?
Workplace retaliation is any adverse action an employer takes against you when you engage in actions that are protected under state and federal laws. Where you make complaints against an employer who violates employment law, public policy, or criminal law, you are protected against employer punishment.
Laws that protect your from employer retaliation include but are not limited:
- California whistleblower laws. If you disclose suspected criminal or unethical activity by your employer to law enforcement, to a manager or other investigative person in your company, to the Labor Commissioner, or to the California State Auditor, your employer cannot act against you because you came forward. Furthermore, if you participate in an investigation of such violations or testify in court against your employer’s illegal behavior, you cannot be subject to employer retaliation.
- Title VII of the Civil Rights Act of 1964. This protects workers against discrimination. Retaliation from your employer for disclosing discrimination is prohibited.
- The Age Discrimination in Employment Act that protects workers over 40 from discriminatory measures in the workplace. You cannot suffer retaliation for making valid complaints of violations of this law.
- The Equal Pay Act that mandates equal pay for equal work regardless of sex. Where you disclose violations of this law, you are protected from retaliation.
According to the Labor Commissioner’s Office of the California Department of Industrial Relations, you are protected against retaliation for many actions, such as for filing a valid workers’ compensation claim, for your union activity, for requesting valid medical leave, for disclosing any negative working conditions to authorities, for attending jury duty, and more.
Types of Retaliation in the Workplace
An obvious form of retaliation is when employers fire workers for making complaints against them of violating criminal law, public policy, or employment rights’ laws. This is known as wrongful termination and is the most extreme form of retaliation. It is also considered wrongful “constructive” termination if your employer makes your job so difficult or intolerable that you are forced to quit.
Less obvious forms of retaliation can include:
- Reducing your hours and thus your pay
- Giving you less attractive job assignments or shifts
- Increasing your workload which makes you fall behind
- Giving you negative performance reviews
- Demoting you
- Passing you over for a promotion or raise when you have earned it
- Denying you advanced training within the company
- Denying you the resources you need to properly do your job
- Excluding you from company meetings or communications
Get the Help You Need to Fight Workplace Retaliation
If your employer has taken any retaliatory measures against you or has discriminated against you because you exercised your workplace rights, you do not have to put up with it. You can file a complaint or lawsuit against such bullying. In a valid case, you may be entitled to lost wages and benefits and damages for the emotional distress endured as a result of the adverse actions you suffered. Where an employer engaged in fraud, oppression, or malice, you may also receive additional punitive damages. Because such complaints are generally subject to statutes of limitations, it is important to seek legal help as soon as possible.
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