There are many valid reasons why an employer may choose to terminate an employee, pass them up for a promotion, or issue a poor performance review. Many of those reasons are lawful, but sometimes they are not. In California, it is against the law for an employer to retaliate against an employee for certain actions. If you’ve been terminated or passed up for a promotion, for example, after having performed a protected activity, you may have a claim for compensation. Depending on the circumstances, the legal remedies for retaliation in the workplace can include back pay, damages, restoration of a prior position or compensation, and/or reinstatement.
We Fight for Employees Who are Victims of Retaliation in the Workplace
Retaliation claims can be confusing as they are not always immediately obvious. An employee would have made a previous observation, request, complaint, or comment – sometimes weeks or months ago – that is just now resulting in the negative action. Often the buzz that’s generated from the original observation, request, or complaint can make it hard to notice that you may have an actionable retaliation claim.
Some actions that are protected activities for employees in California include:
- Discussing wages and working conditions
- Whistleblowing perceived illegal conduct
- Providing information or testifying before a government body that is conducting an investigation on the employer’s potentially illegal activity
- Taking sick leave
- Taking time off from work to appear at their child’s school at the request of a teacher
- Taking time off from work to recover and obtain compensation after being victimized
- Opposing, discussing, or involving oneself in an investigation relating to discrimination in the workplace (or workplace harassment)
- Seeking reasonable accommodation for a disability or religious belief
If you have done any of the above actions and are now facing a reaction (like the ones listed below), it is possible that your employer is retaliating against you. At Blake Jones Law, PC, we offer a free consultation to help employees determine if their rights have been violated – you can speak directly with a lawyer when you call our law offices. We understand it is confusing, and raising a red flag at work is not always an easy thing to do. Your conversation with our California retaliation lawyer is confidential. You have nothing to lose by calling for information.
Some of the most common forms of retaliation from employers that we see include:
- Denial of promotion
- An involuntary transfer or demotion
- Threats, or other forms of intimidation
- An unfair, poor performance review
- Suspension from employment
- Denial of bonus or other benefits
- Exposure to a hostile work environment
How BJL Can Help You
You can be sure that employers will have defenses to retaliation claims. When preparing their defense, they largely need to rely on documentation. If an employer cannot present documentation of a valid business purpose for the adverse employment action taken, it becomes much more difficult to defend against the allegations. California Retaliation Lawyer Blake Jones knows how it works. His past employment defending claims for employers allows him unique insight into how employers and their defense attorneys approach retaliation allegations. When you call our law firm with a potential claim, we will launch an investigation and help determine the next steps. We will always aggressively advocate on your behalf.
Speak with a California Retaliation Lawyer Today
As an employee, you dedicate hours of your day to your employer – meeting deadlines, generating ideas, and contributing to the success of the company. To be punished for a legally protected action in the workplace is a violation of your rights. Our job is to defend and protect those rights. You have options. Contact BJL today for a free consultation.