Riverside Workplace Retaliation Lawyer

Riverside Workplace Retaliation Attorney

Employee Retaliation

Retaliation occurs when an employer takes an adverse action against an employee for engaging in a protected action. A protected action is when an employee asserts their right to not be discriminated against, retaliated against, or to be protected by certain employment laws. For example, employees are able to take off work for jury duty without consequence. Protected acts and retaliation can be reported to the Labor Commissioner.

In addition to termination, an adverse action can be a demotion, non-promotion, or non-selection for an earned position or assignment. Not only does California protect the employee whose rights were violated, it also protects all whistleblowers, or those who report illegal activity.

Common Employment Laws That Warrant Protected Action

There are several areas of employment law, with the most common being anti-discrimination laws. An employee may not be discriminated against based on their race, color, sex, heritage, disability status, or even citizenship status. Not only are there state laws that prohibit this, but there are also federal laws, such as Title VII of the Civil Rights Act, that protect employees from illegal discrimination.

California has some of the most pro-employee laws in the nation, protecting its employees from discrimination, sexual harassment, as well as protecting their rights surrounding breaks, wages, and meal times.

Here are some of the most common areas surrounding employment law in California:

• Anti-discrimination – Anti-discrimination focuses on laws that prohibit employers from discriminating based on characteristics such as race, sex, citizenship status, pregnancy, or religion. To enforce this law, there are certain protected classes under federal, state, and even city law. For instance, in San Diego, height and weight are protected classes.
• Sexual harassment – Sexual harassment can include quid pro quo behaviors or employers creating a hostile work environment. Quid pro quo is when a person in a supervisory role exchanges work benefits, like a promotion, for sexual favors.
  A hostile work environment does not have to mean a direct interaction between employee and employer but can include sexual actions so severe that it undermines an employee’s ability to perform their work duties, i.e., an employer/employee watching pornography or constantly making explicit sexual jokes.
• The Right to Privacy – In California, employees have the right to privacy. This includes protection from eavesdropping as well as the right to be informed about how their data will be used.
• Reasonable Accommodations – If an employee has a disability, they can request accommodations that help them perform their job. If an employer denies them of these accommodations, it is a violation of their rights.
• PTO and Vacation – Most employees are informed of their job’s PTO and vacation policies upon being hired, and each employer has an obligation to uphold these policies. In California, earned vacation time is considered wages and cannot be forfeited. Additionally, employees have the right to take off work for jury duty or to appear in court.
• Pregnancy and Parental Leave – Mothers have the right to take time away from work upon having a baby, and fathers have the right to take time away to bond with the child.California has pregnancy and paternity leave laws that benefit new parents. For instance, the new Parent Leave Act requires employers to provide new parents with 12 weeks of unpaid, job-protected leave to bond with their child. Further protection is provided specifically to mothers under the act.
• Unemployment Benefits – Unemployment benefits are provided to employees who are temporarily out of work through no fault of their own. Withholding unemployment benefits can be an act of retaliation.

FAQs

Q: What Is Considered Retaliation in the Workplace in California?

A: Retaliation in the workplace occurs when an employee has an adverse action taken against them for engaging in a protected action. An example of retaliation is when a female employee is fired for not agreeing to sleep with her boss who promises her a promotion. Another example is a black employee reporting their boss to the Labor Commissioner when he chooses a less qualified white employee for a promotion.

Q: How Much Does a Workplace Retaliation Lawyer Cost in California?

A: The cost of a workplace retaliation lawyer in California can vary depending on multiple factors. One of the most important factors is the lawyer’s fee structure. Most lawyers charge either an hourly fee or a flat fee for their services. It is important to discuss the lawyer’s fee structure during the initial consultation.

Q: How Do You Prove Retaliation in the Workplace?

A: There are three steps to proving retaliation in the workplace. First, as an employee, you must have engaged in a protected activity, and your employer must have taken adverse action against you. Finally, there must be a causal relationship between the protected activity and the adverse action. Generally, you would need evidence to prove this causal relationship. However, the new retaliation law in California makes it easy to shift the burden of proof to the employer.

Q: What Makes a Strong Retaliation Case in California?

A: A strong retaliation case is based upon proving a strong causal relationship between a protected activity, such as reporting an employer’s discrimination practices, and an adverse action, such as being fired. There is also a timeframe involved, which is that the adverse action must have occurred within 90 days of the protected action.

Contact Clark Employment Law, APC

Employment laws are put in place to make workplaces safe, equitable, and respectful. In California, employees tend to have a great deal of protection in terms of their employment. If you have engaged in a protected action, and your employer chooses to fire or demote you, you have a voice. Contact Clark Employment Law, APC, today to learn how one of our capable and experienced lawyers can help you with your case.