Retaliation Lawyers

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California Retaliation Lawyers

California protects you, as an employee, from any adverse employment action (firing, demotion, refusal to promote, etc.) in response to you:

What You Can Do if Your Employer Retaliates Against You

If you believe that your employer has retaliated against you, there are several steps you can take to address the situation and protect your rights:

  • Document the Retaliation: Keep detailed records of the alleged retaliation, including dates, times, locations, individuals involved, and a description of the incidents. This documentation can be crucial evidence if you decide to pursue a claim.

  • Review Company Policies: Familiarize yourself with your employer’s policies and procedures related to reporting retaliation.

  • Speak with Your Supervisor or HR: If you feel comfortable doing so, consider discussing the issue with your immediate supervisor or the Human Resources (HR) department. Clearly communicate your concerns and provide any evidence you have documented.

  • File an Internal Complaint: If speaking with your supervisor does not resolve the issue, submit a formal written complaint to your HR department. Ensure that your complaint clearly outlines the retaliatory actions and includes any supporting evidence.

  • Consult an Attorney: If internal avenues do not resolve the matter, speak to an attorney. An attorney can provide guidance on your legal rights and help you determine the best course of action.

  • File a Complaint with a Government Agency: In California, you can file a complaint with the Civil Rights Department (CRD) or the Equal Employment Opportunity Commissions (EEOC) for federal claims. These agencies investigate allegations of retaliation and may take legal action on your behalf.

  • Pursue a Lawsuit: If the government agency investigating your claim does not take legal action, they will issue you a “right-to-sue” notice. Once you receive it, you can consider filing a lawsuit against your employer. Your attorney can guide you through the legal process and help build a strong case.

You May be Entitled to Damages if You are a Victim of Unlawful Retaliation

Damages available to victims of retaliation will vary depending on the type of retaliation and the extent of harm the unlawful retaliation caused so it is important that you speak with an attorney when you feel that you are being retaliated against.

Awarded monetary damages may include:

  • Back Wages (the amount of money an employer owes an employee for work that was performed but not properly compensated. Back wages can include: Unpaid wages or salary; Unpaid overtime; Unpaid bonuses or commissions; Unpaid statutory benefits, like paid vacation or sick leave.)

  • Front Pay (when reinstatement or other remedies aren't possible, for example if there's no available position or the employee's relationship with the employer would be antagonistic. You can be paid the difference between your current pay (if a new job is found) and what you would have earned in your position lost due to discrimination.)

  • Lost higher income from a denied promotion or raise

  • Lost Medical benefits

  • Lost Pension benefits

  • Unpaid Bonus payments

  • Pain and suffering (for emotional distress damages)

  • Equitable remedies (such as rehiring of the employee, though it is rare for victims of discrimination to have a desire to return to a hostile work environment.)

  • Punitive damages as a way to punish an employer for particularly egregious wrongdoing.

  • Attorneys Fees and Costs

If you believe you are being retaliated against, it is important that you speak with an attorney as soon as you believe you are being retaliated against. Contact us or call us at (626) 432-5422 for a free consultation.