Has Your Employer Taken Legal Action Against You for Exercising Your Worker’s Rights?
Do you believe that your employer has violated a California labor law? All California employers have certain laws they must follow and when they violate those laws, legal action can be taken. Employees may decide to take legal action by reporting or complaining about the wrongdoings to a supervisor, the government or a law enforcement agency. This is what’s known as a retaliation case.
What is Workplace Retaliation?
Workplace retaliation occurs when a business takes negative action against the employee who initially filed a complaint. If an employer punishes or fires an employee for exercising his or her employment rights, it is considered workplace retaliation and it may be illegal.
How do I File a Retaliation Claim in California?
A great place to start a workplace retaliation claim is to meet with a California workplace retaliation lawyer. Contact Davtyan Law Firm today if you believe you have been unlawfully retaliated against at work for engaging in a protected activity. Our experienced workplace retaliation attorneys will work hard to get you the compensation you deserve.
What is the Difference Between Workplace Retaliation and Discrimination?
Workplace retaliation happens when an employer fires, demotes, refuse to promote, or otherwise takes negative action against an employee for exercising or attempting to enforce his or her employment rights. For example, as a California employee, you cannot be fired for filing a workers’ compensation claim for a workplace injury, requesting or taking time off for qualified family or medical reasons, or filing a complaint of workplace harassment against your employer.
Discrimination happens when an employer fires, demotes, refuses to promote or otherwise takes a negative action against an employee based on prejudice towards race, age, sex, etc. An employee may experience wrongful termination or harassment due to discrimination and decide to file a case. If the former employer attempts to take legal action towards you for making a complaint, this is now known as workplace retaliation.
Employer retaliation and discrimination in the workplace can sometimes occur together, but they are ultimately separate issues. Unlawful workplace retaliation occurs when an employee decides to complain about the workplace or engages in another protected activity and the employer responds by legal retaliation or wrongful termination. California law prohibits this kind of action, and workers have rights to both workplace discrimination and retaliation cases.
Common Types of Workplace Retaliation in California
An employer may respond negatively to a complaint filed against them after wrongful termination or any other violation of employment law rights. This is usually illegal workplace retaliation and can cause even more legal issues. Types of workplace retaliation fall under various employment law sectors and it is important that you understand your rights. If your employer has retaliated against you, you have legal rights and an experienced workplace retaliation lawyer can help you protect those rights.
Whistle-Blower Retaliation Case
California whistle-blower protection laws provide legal protection from workplace retaliation for employees who report suspected violations of the law by their employer. For example, these laws would protect an employee who reports suspected criminal activity by the employer to a law enforcement agency or an employee who reports a California employment law violation to the Labor Commissioner.
Any employer who fires an employee for reporting unlawful activities in the workplace, or for wrongfully believing the employee had reported a violation, commits workplace retaliation in violation of California employment law. When going against a corporation’s private employment lawyers, you need a law firm on your side that can defend your whistleblower’s rights.
Common types of Retaliation cases that a Workplace Retaliation Lawyer handles
- Unpaid wages – Employees who believe they have been underpaid have a right to file an unpaid wage complaint with California’s Labor Commissioner, and it is against California labor law for employers to terminate, discharge exercise any other retaliation against employees who file such complaints.
- Unsafe work conditions – California employers are prohibited from firing or otherwise punishing employees who complain about harassment, unsafe work conditions or who report workplace safety issues to a government agency, such as the Occupational Safety and Health Administration (OSHA). It is also unlawful for employers to fire or punish employees who refuse to perform any work that would violate California’s occupational health and safety standards.
- Illegal work activities– It is against the law throughout California for employees to be fired or punished for refusing to commit an illegal act, for reporting unlawful activities at work, or for participating in an investigation into unlawful actions.
Retaliation against Lawful Off-Duty Activities
It is also against the California law for an employer to attempt to follow legal retaliation against lawful employee conduct during non-working hours. In many cases, whether the employer doesn’t personally agree with the employee’s off-duty activities, or believes they will adversely affect the reputation of his or her business, California employment law limits how much an employer can do to regulate the employee’s lawful conduct off the premises during non-working hours, including exercising free speech and engaging in political activity.
Contact a Workplace Retaliation Lawyer at Davtyan Law Firm
If you believe you have been unlawfully punished or retaliated against by your employer for engaging in a protected activity, contact Davtyan Law Firm today to discuss the possibility of opening a California retaliation case. In some cases, an employee who wins a workplace retaliation claim throughout California can collect compensation for lost wages and benefits, as well as other monetary damages. If you need help understanding wrongful termination and employer retaliation cases, Davtyan is your California workplace retaliation lawyer!
From Our Blog
The Fair Employment and Housing Act (or FEHA in California) is a protective law that applies to public and private employers, employment agencies and labor organizations. This state law is designed to protect workers from unfair employers. FEHA: California’s Anti-Discrimination, Anti-Harassment and Anti-Retaliation Law California’s Fair Employment and Housing Act prevent discrimination in these categories. […]
What is Workplace Retaliation? All California employers have certain legal obligations they must abide by, and when they violate the law in some way, employees may decide to take action by reporting or complaining about the employer’s wrongdoing to a supervisor, the government or a law enforcement agency. This may result in the employer taking […]