Southern California Workplace Retaliation Lawyers
Did your employer transfer, demote, or fire you as an act of retaliation against you? If so, you may be entitled to benefits and financial compensation according to California employment and labor laws.
The experienced San Bernardino County Workplace Retaliation Lawyers at SANFORD A. KASSEL, A Professional Law Corporation, have the necessary skills and resources to assist you in getting the maximum compensation and benefits for a Wrongful Termination or Workplace Retaliation claim. From our San Bernardino-based Employment Law offices, we provide legal representation to those individuals who have recently experienced Workplace Retaliation or Wrongful Termination by an employer located in Southern California, including the Inland Empire and beyond.
Employment Retaliation Laws
State: Under California State law, it is illegal for an employer to retaliate against an employee for lodging a discrimination or harassment complaint with local, state, or federal agencies. The Fair Employment and Housing Act (FEHA) protects an employee who is a Whistleblower:
Section 12940(h) states,
(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 [California Government Code section 12940(a)] or because the person has filed a complaint, testified, or assisted in any proceeding [pursuant to that section].
California law restricts an employer’s ability retaliate against an employee based upon:
Participation in a Union
Service on a Jury, (or Participation as a Witness)
Refusing to Commit Perjury
Arrest or Detention (NOT RESULTING IN CONVICTION)
Taking Leave Due to Domestic Violence
Serving as an Election Officer on Election Day
Injury in the Course of Employment, and Seeking or Being Awarded Worker’s Compensation Benefits
Visiting Child’s School
Refusing Random Drug Tests
Federal: In addition to California State law, mentioned above, there are many Federal laws that also prohibit Workplace Retaliation:
Civil Rights Act, Title VII
Age Discrimination in Employment Act
Americans with Disabilities Act
Equal Pay Act
False Claims Act
Fair Labor Standards Act
Speaking Out Against Discrimination May Lead to Workplace Retaliation
It is unlawful for an employer to retaliate against an employee for speaking out when they feel they are being discriminated against. Possible types of discrimination in the workplace include:
How to Recognize Workplace Retaliation
There are many ways an employer can retaliate against an employee:
Reduction in Hours
Reduction in Pay
Sometimes, Workplace Retaliation can be subtle. An employee may intentionally be forced to work an undesirable job shift, that a supervisor knows will be detrimental to that employee’s personal situation. What if the employee cares for a young child, or maybe for an elderly parent?
Does Your Situation Have the Required “Elements” to Support a Workplace Retaliation Claim, Under California’s FEHA Law?
In order for an employee to successfully prevail with a Workplace Retaliation claim against his/her employer, the following elements must be present (See Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1042):
- The employee is protected by FEHA;
- The employee’s actions are “protected” by FEHA (see California Government Code, Section 12940);
- The employer is covered under FEHA;
- The employer acted adversely toward the employee, who was engaging in protected activity;
- The employer’s adverse (or illegal) activity, and the employee’s protected activity (possibly Whistleblowing), were directly related.
An experienced Employment Law Attorney can help figure out if all the elements are in place, to support a Workplace Retaliation claim. If you believe you are the victim of Employment Retaliation, you should hire an attorney that is well versed in protected employment activity, pursuant to California State and Federal laws. The Workplace Retaliation Lawyers at SANFORD A. KASSEL, A Professional Law Corporation, have extensive experience handling these types of cases. We will help you build a convincing case against your employer. We will protect your legal rights.
Filing a Workplace Retaliation Civil Lawsuit in California
An at-will employee may have grounds for a civil lawsuit against an employer who discharges them for (a) performing an act that public policy encourages; or (b) for refusing to do an act that public policy condemns.
If you are being retaliated against by your employer, or a co-worker, here are some of the things you need to do:
- Gather evidence to support your Workplace Retaliation claim
- Document any reference possible to the actual retaliatory behavior your employer has engaged in against you
- Consider researching and tracking any historical information that supports your position (Do you have first-hand knowledge that this type of retaliatory behavior by your employer has happened to other employees?)
Once you obtain all pertinent evidence, you will want to take the next step of filing a complaint with the proper authority.
Contact a Knowledgable and Trusted Southern California Workplace Retaliation Employment Law Attorney
Let our experienced San Bernardino Employment Law Attorneys at SANFORD A. KASSEL, A Professional Law Corporation, help assert your claim for damages–no matter which agency you select to file your claim with. Contact us at 909.884.6451, for a FREE consultation.