California Employment Protection: Consulting a Lawyer for Workplace Retaliation Issues

 Workplace Retaliation Lawyers in California: Rights Protection from Unfair Treatment

Employees in California are protected against workplace retaliation through both state and federal laws. If you have been victimized by your employer for exercising workplace rights, consult a California lawyer specializing in workplace retaliation to know what you can do about the issue.

What is Workplace Retaliation?

Workplace retaliation is any negative job action that an employer takes against an employee for exercising their right to engage in legal workplace activities. Some examples of protected rights in California include:

- Reporting illegal activities, discrimination, harassment and health/safety violations

- Filing a complaint or claim for unpaid wages, overtime pay, discrimination, harassment and other violations

- FMLA, CFRA or PDL protected leave

- Engaging in specific protected activities, including union organizing

Examples of retaliation can include:

- Demotion or pay/hour cuts
- Unwarranted discipline or termination
- Sudden negative performance evaluations
- Job duties and responsibilities are removed.
- Exclusion from meetings or communications

In California, however, workplace retaliation is illegal both under the federal laws (e.g., Title VII, FLSA, FMLA etc) and state law. FEHA has strong anti-retaliation provisions to protect employees that exercise their rights at work.

Proving a Workplace Retaliation Claim

To successfully claim retaliation, employees must prove that:

1. They exercised a legally protected right or activity in the workplace

2. They were subject to adverse job action or treatment by the employer

3. The protected right is linked causally to the retaliation

The third factor is the hardest to establish in most retaliation cases. Employees can use various types of evidence to demonstrate the causal link, such as:

- The suspicious timing between the protected activity and retaliation
- Management and supervisory statements as well as comments.
- Evidence of discriminatory treatment or selective enforcement of policies
- Documentation and communication pertaining to reviews, discipline, termination

A skilled employment retaliation attorney can collect evidence, demonstrate the elements of retaliation, and pursue the highest possible compensation for damages and losses.

Retaliatory Remedies and Compensation

Retaliation at the workplace leads to severe damage of career, financial loss and emotional distress. Under California law, employees can recover the following remedies:

- Job reinstatement
- Lost earnings (past and future)
- Emotional distress damages
- Restoration of benefits, seniority rights
- Damage to career and reputation
- Punitive damages in egregious cases

In most retaliation lawsuits, employees can get large amounts of financial compensations over $100,00 and it all depends on lost income, type of retaliation and facts of each case.

A wrongful workplace retaliation employment lawyer can help you know your rights, legal remedies and the next course of action after successful pursuit of justice. Free or low-cost consultations are usually available to consider your case confidentially. With the help of legal advice, California protection, and proof of retaliation, workers can sue employers for unfair treatment in the workplace.