Retaliation Lawyer

In today’s complex work environment, employees often face challenges that extend beyond their day-to-day responsibilities. One such challenge is workplace retaliation, a serious issue that can significantly impact an individual’s career and well-being. At Yoosefian Law Firm, P.C., we are committed to helping workers navigate these difficult situations and protect their rights.

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What is Workplace Retaliation in California?

Workplace retaliation in California refers to adverse actions taken by an employer against an employee for engaging in protected activities. California law provides robust protections against retaliation, often going beyond federal standards.

Key points about workplace retaliation in California include:

Legal Framework

  • California Labor Code (especially sections 1102.5 and 98.6)
  • California Fair Employment and Housing Act (FEHA)
  • Whistleblower Protection Act
muslim worker retalliation

How a Retaliation Lawyer Can Help

At Yoosefian Law Firm, P.C., we understand the complexities and challenges that arise in workplace retaliation cases. Our team of dedicated retaliation lawyers is committed to protecting your rights and ensuring justice is served. Here’s how we can assist you:

Case Evaluation and Legal Strategy

When you come to us with a potential retaliation claim, our first step is to conduct a thorough evaluation of your case. We’ll listen to your story, review any documentation you have, and assess the strength of your claim under California law. Based on this evaluation, we’ll develop a tailored legal strategy designed to achieve the best possible outcome for your situation.

Gathering and Preserving Evidence

Building a strong retaliation case often hinges on the quality of evidence. Our retaliation lawyers are skilled at identifying and collecting crucial evidence to support your claim. This may include:

  • Emails, memos, or other written communications
  • Performance reviews and personnel files
  • Witness statements
  • Company policies and procedures

We’ll work diligently to ensure all relevant evidence is properly preserved and documented.

Navigating Legal Procedures

Retaliation cases involve complex legal procedures that can be overwhelming for individuals unfamiliar with the law. Our retaliation attorneys will guide you through every step of the process, including:

  • Filing complaints with appropriate agencies (such as the DFEH or EEOC)
  • Meeting crucial deadlines
  • Preparing and submitting necessary legal documents
  • Representing you in administrative hearings or court proceedings

Negotiation and Settlement

Many retaliation cases are resolved through negotiation before reaching the courtroom. Our retaliation lawyers are skilled negotiators who will advocate fiercely on your behalf. We’ll work to secure a fair settlement that addresses your needs, which may include:

  • Reinstatement to your position
  • Back pay and benefits
  • Compensatory damages for emotional distress
  • Changes to company policies to prevent future retaliation

Litigation Representation

If your case goes to trial, you can count on Yoosefian Law Firm, P.C. to provide robust representation in court. Our retaliation attorneys have extensive litigation experience and will present your case compellingly to judge and jury alike.

Ongoing Support and Counsel

We’ll provide continuous support and counsel throughout your case. We understand that facing workplace retaliation can be stressful and emotionally taxing. Our team is here to answer your questions, address your concerns, and provide guidance during this challenging time.

Protecting Your Future

Beyond resolving your immediate case, we’re committed to protecting your future career prospects. We’ll advise you on how to navigate potential references from your employer and help mitigate any long-term impact on your professional life.

worker retalliated against

Legal Framework for Workplace Retaliation in California

California Labor Code (sections 1102.5 and 98.6):

Section 1102.5 is California’s primary whistleblower protection statute. Here’s a key quote:

“An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.”

Section 98.6 prohibits retaliation for filing or threatening to file a complaint with the Labor Commissioner. It states:

“A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because the employee or applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee or applicant for employment has filed a bona fide complaint or claim or instituted or caused to be instituted any proceeding under or relating to his or her rights that are under the jurisdiction of the Labor Commissioner.”

California Fair Employment and Housing Act (FEHA):

FEHA is broader than federal anti-discrimination laws. It prohibits harassment and discrimination in employment based on protected characteristics and also prohibits retaliation. While the act is extensive, here’s a relevant excerpt:

“It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.”

Whistleblower Protection Act

While there isn’t a specific “Whistleblower Protection Act” in California, whistleblower protections are covered under various laws, including Labor Code Section 1102.5 (mentioned above) and the California Whistleblower Protection Act (Government Code § 8547-8547.12), which specifically protects state employees.

For state employees, Government Code § 8547.1 states:

“The Legislature finds and declares that state employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retribution. The Legislature further finds and declares that public servants best serve the citizenry when they can be candid and honest without reservation in conducting the people’s business.”

What Are Protected Activities in the Workplace?

Protected activities in the workplace are actions that employees can take without fear of retaliation from their employer. These activities are safeguarded by various federal and state laws. Here’s a more detailed explanation of common protected activities:

Reporting Discrimination or Harassment

Employees have the right to report any form of discrimination or harassment based on protected characteristics such as race, gender, age, religion, or disability. This includes reporting incidents that affect them personally or those they witness affecting others. A retaliation lawyer can help ensure that an employee’s rights are protected after making such a report.

Filing a Complaint

This includes filing formal complaints with internal human resources departments, as well as external agencies like the Equal Employment Opportunity Commission (EEOC) or state labor boards. A retaliation attorney can guide employees through the complaint process and protect their rights throughout.

Participating in Investigations

Employees participating in workplace investigations, whether as the complainant, a witness, or even the accused, are protected from retaliation. This encourages open and honest participation in the investigative process. If an employee faces negative consequences for their participation, a retaliation lawyer can help address the situation.

Requesting Accommodations

Employees have the right to request reasonable accommodations for disabilities under the Americans with Disabilities Act (ADA) or for religious beliefs under Title VII of the Civil Rights Act. A retaliation attorney can assist if an employer retaliates against an employee for making such requests.

Discussing Wages and Working Conditions

The National Labor Relations Act protects employees’ rights to discuss their wages and working conditions with coworkers. This includes conversations about pay, benefits, and workplace policies. If an employer tries to prohibit these discussions or retaliates against employees for having them, a retaliation lawyer can intervene.

Refusing Illegal Activities

Employees have the right to refuse to participate in activities they reasonably believe to be illegal or unethical. This includes refusing to violate safety regulations, engage in fraud, or discriminate against others. A retaliation attorney can provide support if an employee faces consequences for such refusals.

Taking Protected Leave

The Family and Medical Leave Act (FMLA) and similar state laws protect employees’ rights to take leave for certain medical and family reasons. Employees cannot be retaliated against for requesting or taking this leave. A retaliation lawyer can help if an employee faces negative consequences for exercising these rights.

Reporting Safety Violations

Employees have the right to report safety violations or health hazards in the workplace, including to agencies like the Occupational Safety and Health Administration (OSHA). A retaliation attorney can assist employees who face repercussions for raising safety concerns.

Engaging in Union Activities

The National Labor Relations Act protects employees’ rights to form, join, or assist labor unions, as well as to engage in collective bargaining. This includes attending union meetings, distributing union literature, and discussing union activities. A retaliation lawyer can help protect these rights if they are violated.

Whistleblowing

Employees who report their employer’s violations of laws or regulations to appropriate government agencies are protected under various whistleblower laws. This can include reporting financial fraud, environmental violations, or other illegal activities. A retaliation attorney can provide crucial support to whistleblowers who may face significant professional risks.

Retaliation Remedies California Allows

In California, employees who have suffered workplace retaliation have access to a range of remedies. These remedies are designed to make the employee “whole” and deter future retaliatory behavior. Here’s an overview of the retaliation remedies California law allows:

Reinstatement

  • The employee may be restored to their former position or a similar one.
  • This remedy aims to put the employee back in the position they would have been in absent the retaliation.

Back Pay

  • This includes wages and benefits the employee would have earned from the time of the retaliatory action to the date of judgment or settlement.
  • Interest on back pay is often included.

Front Pay

  • If reinstatement isn’t feasible, front pay may be awarded to compensate for future lost earnings.
  • This is typically awarded for a specific period determined by the court.

Compensatory Damages

  • These cover out-of-pocket expenses and compensation for emotional distress.
  • California doesn’t cap compensatory damages in most retaliation cases.

Punitive Damages

  • In cases of particularly egregious conduct, punitive damages may be awarded to punish the employer and deter similar behavior.
  • These are typically capped at 9 times the amount of compensatory damages.

Injunctive Relief

The court may order the employer to take specific actions or refrain from certain behaviors to prevent future retaliation.

Attorney’s Fees and Costs

If the employee prevails, they may be awarded reasonable attorney’s fees and costs associated with bringing the lawsuit.

Civil Penalties

Under some California laws, such as the Labor Code, civil penalties may be imposed on the employer.

Job Search Expenses

Costs incurred in searching for new employment may be recoverable.

Training and Policy Changes

The court may order the employer to implement anti-retaliation training or revise company policies.

Expungement of Personnel Records

Negative performance reviews or disciplinary actions related to the retaliation may be ordered removed from the employee’s file.

Pain and Suffering

Compensation for physical or emotional pain caused by the retaliation.

It’s important to note that the availability and extent of these remedies can vary depending on the specific laws violated, the circumstances of the case, and the discretion of the court or administrative agency handling the claim.

A retaliation lawyer can play a crucial role in helping an employee pursue these remedies. We can:

  • Assess which remedies are most appropriate for the specific case
  • Calculate potential damages accurately
  • Present compelling arguments for why certain remedies should be awarded
  • Negotiate settlements that include a comprehensive remedy package
  • If necessary, argue for these remedies in court

At Yoosefian Law Firm, P.C., our retaliation attorneys are well-versed in California’s retaliation laws and the remedies available. We work diligently to ensure our clients receive the full range of remedies they’re entitled to under the law. If you believe you’ve been a victim of workplace retaliation, we encourage you to reach out for a consultation to discuss your situation and potential remedies.

Stand Up Against Retaliation – We’re Here to Help

Don’t let workplace retaliation silence you. At Yoosefian Law Firm, P.C., we’re committed to protecting your rights and securing the justice you deserve. Contact us today for a confidential consultation with an experienced retaliation lawyer. Your career and peace of mind are worth fighting for.

Retaliation Lawyer FAQs

At Yoosefian Law Firm, P.C., we understand that dealing with workplace retaliation can be confusing and stressful. Here are answers to some frequently asked questions about retaliation and the legal process:

How long do I have to file a retaliation claim in California?

The statute of limitations for filing a retaliation claim in California varies depending on the specific law violated:

  • For claims under the Fair Employment and Housing Act (FEHA), you generally have three years from the date of the retaliatory act to file a complaint with the Department of Fair Employment and Housing (DFEH).
  • For claims under the Labor Code, you typically have six months to three years, depending on the specific violation.
  • For federal claims, the deadline is usually 180 or 300 days, depending on whether your state has its own anti-discrimination laws.

It’s crucial to consult with a retaliation lawyer as soon as possible to ensure you don’t miss any deadlines.

Can I be fired for filing a retaliation claim?

No, it is illegal for an employer to fire you for filing a retaliation claim. This would be considered further retaliation and could strengthen your case. If this happens, document it and inform your retaliation attorney immediately.

What if my employer offers me a severance package?

Be cautious about accepting a severance package without legal advice. These packages often come with waiver agreements that could prevent you from pursuing a retaliation claim. A retaliation lawyer can review the offer and negotiate better terms if necessary.

How can I prove retaliation if there’s no direct evidence?

Direct evidence isn’t always necessary. Circumstantial evidence can be just as powerful. This might include:

  • Timing (adverse action shortly after protected activity)
  • Inconsistent explanations from the employer
  • Similarly situated employees who were treated differently
  • Sudden changes in performance evaluations

A skilled retaliation attorney can help you gather and present this evidence effectively.

What if I was fired for a legitimate reason after engaging in protected activity?

This is known as a “mixed-motive” case. In California, if retaliation was a substantial motivating factor in the adverse action, you may still have a valid claim even if there were other legitimate reasons for the action.

Can I file a retaliation claim if I’m an independent contractor?

Yes, in many cases. While some laws only protect employees, others, like California Labor Code Section 1102.5, extend protections to independent contractors as well.

What if my employer retaliates against my family member instead of me?

This is known as third-party retaliation and is also illegal. If your employer takes adverse action against a family member or close associate because of your protected activity, you may have a valid retaliation claim.

Can my employer force me to arbitrate my retaliation claim?

It depends on your employment agreement. Many employers include mandatory arbitration clauses in their contracts. However, recent changes in California law (AB 51) prohibit employers from requiring arbitration agreements as a condition of employment for claims brought under FEHA or the Labor Code. A retaliation lawyer can review your agreement and advise on your options.

What if I signed a non-disclosure agreement (NDA)?

NDAs cannot legally prevent you from reporting unlawful conduct or participating in a government investigation. However, the specific terms of your NDA may affect how you can pursue your claim. It’s important to have a retaliation attorney review your NDA before taking action.

How much is my retaliation case worth?

The value of a retaliation case varies widely depending on factors such as:

  • The severity of the retaliation
  • Your lost wages and benefits
  • Emotional distress you’ve suffered
  • Your employer’s conduct
  • Strength of evidence

A retaliation lawyer can provide a more accurate estimate after reviewing the specifics of your case.

Remember, every retaliation case is unique. For personalized advice about your situation, contact Yoosefian Law Firm, P.C. to schedule a consultation with one of our experienced retaliation lawyers.