Award winning law firm
As seen in the news
Workplace retaliation in California refers to adverse actions taken by an employer against an employee in response to protected activities, such as reporting discrimination or harassment.
It is illegal under California law, and victims have legal rights to file complaints and seek compensation.
Understanding the laws and consulting with legal experts can help employees protect their rights and address instances of workplace retaliation effectively.
Types of Workplace Retaliation in Visalia, CA
In California, workplace retaliation can take various forms. Here are some common types of retaliation that employees may experience:
Termination or demotion
Employers may unjustly terminate or demote an employee in retaliation for engaging in protected activities, such as reporting illegal practices, discrimination, or harassment.
Adverse employment actions
Retaliation can manifest through negative changes in job assignments, reduced hours or pay, denial of promotions, transfers to less desirable positions, or withholding benefits or privileges.
Harassment or hostile work environment
Retaliatory actions can include subjecting an employee to increased scrutiny, unfounded disciplinary actions, or creating a hostile work environment as a means to deter further protected activities.
Negative performance evaluations
Employers may unfairly downgrade an employee’s performance evaluations or provide unjustified negative feedback in retaliation for engaging in protected activities.
Intimidation or threats
Retaliation may involve intimidation, threats, or verbal abuse towards an employee to discourage them from reporting misconduct or exercising their legal rights.
Blacklisting or discrimination
Employers may engage in blacklisting practices, making it difficult for the employee to find future employment, or subject the employee to further discriminatory treatment based on their protected activities.
Work schedule changes
Retaliation can occur by unreasonably altering an employee’s work schedule or imposing inconvenient shifts as a means to retaliate against their protected activities.
It is important to note that this is not an exhaustive list, and workplace retaliation can take various other forms depending on the circumstances. If you believe you are facing workplace retaliation in California, it is advisable to consult with a Visalia workplace retaliation attorney who can provide guidance based on the specific details of your situation.
Legal Protections in California
In Visalia, California there are several legal protections in place to safeguard the rights of employees from workplace retaliation. Here are some key provisions:
1. Whistleblower protection
California Labor Code Section 1102.5 prohibits employers from retaliating against employees who disclose information about illegal activities, violations of laws, or workplace health and safety hazards. It safeguards employees who report these issues internally or to external entities such as government agencies. A Visalia whistleblower lawyer can help you take legal action against your employer if you choose to file a claim.
2. Protected activities
Employees engaging in protected activities, such as filing a complaint or participating in an investigation regarding harassment, workplace discrimination, or workplace safety, are shielded from retaliation. These protections are provided under various labor laws, including the California Fair Employment and Housing Act (FEHA) and the California Occupational Safety and Health Act (Cal/OSHA).
3. Anti-retaliation under FEHA
The FEHA protects employees from retaliation when they exercise their rights under the law. This includes filing a discrimination or harassment complaint, participating in an investigation, or opposing discriminatory practices in the workplace.
4. Anti-retaliation under Cal/OSHA
Cal/OSHA prohibits employers from retaliating against employees who report workplace safety violations or hazards. Employees have the right to file a complaint with Cal/OSHA, participate in inspections or proceedings, or refuse to work under hazardous conditions without fear of retaliation.
5. Labor code protection
California Labor Code provides broad protections against retaliation in the workplace. It covers various actions, such as filing a wage claim, joining or supporting a labor organization, engaging in lawful off-duty conduct, or participating in political activities.
6. Employment contracts and policies
Employers may also have their own internal policies or employment contracts that prohibit retaliation. These policies can provide additional safeguards for employees and can be enforced through legal channels.
Proving Employer Liability For Retaliation
Employer liability for retaliation refers to the legal responsibility that employers bear when they engage in retaliatory actions against employees who exercise their protected employee rights.
Retaliation occurs when an employer takes adverse actions, such as termination, demotion, or harassment, in response to an employee engaging in a protected activity, such as filing a complaint or participating in an investigation.
Proving employer liability for retaliation typically involves establishing a strong civil claim by presenting evidence that supports the employee’s case. While the exact requirements and standards of proof may vary depending on the jurisdiction and specific laws involved, here are some general steps and elements that can help prove employer liability for retaliation:
- Establishing a protected activity
- Showing adverse employment action
- Establishing a causal link between the protected activity and adverse action
- Demonstrate employer knowledge of the employee’s protected activity
- Evidence of pretext
- Comparative evidence of the treatment of the employee who engaged in the protected activity with the treatment of other employees
- Documentation and witnesses
Remedies For Workplace Retaliation in Visalia, CA
In Visalia, if an employee successfully proves workplace retaliation, they may be entitled to various remedies under state and federal laws. The specific remedies available can depend on the circumstances of the case and the applicable statutes. Here are some common remedies for workplace retaliation in Visalia, California:
If the employee was the victim of a wrongful termination or was demoted as a result of retaliation, a common remedy is to seek reinstatement to their former position or a comparable position within the company.
The employee may be entitled to recover the unpaid wages and benefits they lost as a result of the retaliatory action. This can include the amount they would have earned if the retaliation had not occurred.
In some cases, if reinstatement is not feasible or appropriate, the employee may be awarded front pay. This refers to compensation for future lost wages and benefits due to the retaliation.
Employees may be awarded compensatory economic damages to compensate for emotional distress, mental anguish, or other psychological harm caused by the retaliation.
In certain circumstances, punitive damages may be available. These additional damages are meant to punish the employer for particularly malicious or unlawful behavior and to deter similar conduct in the future.
Employment Attorney’s Fees and Costs
Prevailing employees in retaliation claims may be entitled to recover their reasonable attorney’s fees and litigation costs incurred in pursuing their case.
When handling claims of this nature, it is in your best interest to have legal representation by hiring an experienced Visalia workplace retaliation lawyer to ensure your rights are protected.
How Can the Labor Law Advocates Help You?
An experienced lawyer can provide valuable assistance and support if you believe you have experienced retaliation in the workplace. Here are some ways a Visalia workplace retaliation lawyer can help you:
- Legal assessment – An experienced attorney specializing in workplace retaliation can evaluate your case and provide a professional assessment of the strength of your claim.
- Understanding your rights – Workplace retaliation laws can be complex, and it is critical to understand your rights under the applicable statute of limitations.
- Guidance on legal actions – A workplace retaliation lawyer can explain the legal options available to you. They can advise you on whether to pursue internal complaint procedures, file a claim with a government agency or initiate a civil lawsuit against your employer.
- Building a strong case – Lawyers experienced in workplace retaliation cases can help gather evidence, interview witnesses, and develop a solid legal strategy. They can assist in preparing documentation, such as written complaints or supporting affidavits, that strengthen your case.
- Representation in legal proceedings – If your case proceeds to litigation, a Visalia workplace retaliation lawyer can represent you in court and help strengthen your Visalia employment retaliation lawsuit.
- Negotiating settlements – In many cases, workplace retaliation claims are resolved through settlements. An employment lawyer can negotiate on your behalf to seek a fair settlement that includes compensation for economic damages, reinstatement, policy changes, or other appropriate remedies.
- Protection from retaliation – Engaging a labor lawyer can help protect you from further retaliation by your employer.
Remember, every case is unique, and outcomes can vary. Consulting with a workplace retaliation lawyer can provide personalized advice tailored to your specific circumstances and increase your chances of achieving a favorable resolution.
Hire an Award-Winning Visalia Workplace Retaliation Lawyer Today!
Hiring a workplace retaliation lawyer can be a powerful step towards seeking justice and obtaining the remedies you deserve. Don’t navigate this complex legal process alone.
We can provide the guidance, support, and advocacy you need. Contact us at (559) 344-5508 for a free consultation. No Fees Unless We Win!
Employment Lawyer Visalia: Practice Areas
We are dedicated to representing all employees who have been mistreated in their place of employment.
Wage and Hour Disputes
Benefits and Leave
Failure to Hire
Wrongful Termination or Demotion
Breach of Contract
Other Types of Discrimination
Our Visalia Employment Lawyers Will Fight For You
At Labor Law Advocates, we are passionate about protecting the rights of employees in Visalia and the rest of California. Our highly experienced Visalia labor lawyers are devoted to fighting for justice on your behalf and providing quality representation in any labor law-related matter.
With a commitment to offering effective legal solutions tailored to your unique situation, Labor Law Advocates is here to help you navigate the complexities of employment law and achieve a successful outcome.