San Bernardino Workplace Retaliation Lawyer

San Bernardino Workplace Retaliation Attorney

If you are facing retaliation in the workplace, it’s important to know your rights under California and federal law. At Clark Employment Law, APC, our San Bernardino workplace retaliation lawyer can help you navigate the complexities of employment law, protect your rights, and hold employers accountable for unlawful actions. Our experienced team is dedicated to helping employees fight back against unlawful retaliation.

Workplace retaliation occurs when an employer punishes an employee for engaging in a protected activity, such as filing a complaint about harassment, reporting illegal practices, or requesting medical leave. It can manifest in many forms, including job termination, demotion, salary cuts, or hostile working conditions. If you’ve experienced retaliation after filing a complaint or reporting misconduct, it’s crucial to take legal action to protect yourself.

Understanding Workplace Retaliation

In California, both state and federal laws protect employees from retaliation in the workplace. Retaliation occurs when an employer takes adverse actions against an employee for engaging in legally protected activities.

These protected activities may include reporting discrimination, harassment, unsafe working conditions, or violations of wage and hour laws. Retaliation can also occur when an employee requests accommodations for a disability, takes medical leave under the Family and Medical Leave Act (FMLA), or reports unpaid wages.

How Our Employment Lawyers Help

At Clark Employment Law, APC, our law firm is dedicated to protecting the rights of employees who have been subjected to workplace retaliation. We understand how devastating retaliation can be, both emotionally and financially, and we are committed to fighting for justice on behalf of our clients. Our team of employment lawyers is experienced in handling retaliation claims, and we provide comprehensive legal support throughout the process.

Here’s how we can help:

1. Investigating Your Claim. The first step in any retaliation case is gathering information and evidence to support your claim. We can review your employment history, documentation of the retaliation, and any relevant communications between you and your employer. If necessary, we may obtain witness testimony and additional evidence to strengthen your case.
2. Filing a Complaint. In many cases, employees must first file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Rights and Resolution (EERR) before taking legal action. Our attorneys can help you navigate this process and ensure that your complaint is filed correctly.
3. Negotiating a Settlement. Many retaliation cases are settled outside of court. We can negotiate with your employer on your behalf to seek fair compensation for the retaliation you’ve experienced. This may include back pay, compensation for emotional distress, or punitive damages.
4. Litigating Your Case. If a fair settlement cannot be reached, our experienced trial attorneys are ready to take your case to court. We fight vigorously to protect your rights and secure the compensation you deserve.
5. Providing Legal Support. Throughout the process, we are here to answer your questions, provide guidance, and help you make informed decisions about your case. We are committed to being your advocate at every stage of the process.

Types of Workplace Retaliation Claims

In California, retaliation claims can arise from a variety of core contexts. Some common situations where retaliation is prominent include:

• Filing a Workplace Harassment or Discrimination Complaint. Employees who report workplace harassment, sexual harassment, racial discrimination, or other forms of unlawful discrimination often face retaliation from their employers.
• Reporting Wage and Hour Violations. If an employee files a complaint about unpaid wages, overtime violations, or meal and rest break violations, they may experience retaliation.
• Workplace Injury. In some cases, employers may retaliate against employees who claim workers’ compensation, including a blocked claim, reduced hours, and unlawful termination.
• Whistleblowing. Employees who report illegal activities, such as fraud or safety violations—despite this action being protected from retaliation under state and federal whistleblower protection laws—may experience retaliation.
• Requesting Medical Leave or Disability Accommodations. Employees who request leave under the FMLA or ask for reasonable accommodations for a disability are often vulnerable to retaliation.
• Refusing to Participate in Illegal Activities. If an employer asks an employee to engage in illegal acts, and the employee refuses, they cannot be retaliated against for their refusal.

Our San Bernardino workplace retaliation lawyers are experienced in handling all types of retaliation claims. We understand the nuances of state and federal employment law and are well-equipped to represent employees in these complex cases.

FAQs

Q: Can I Sue My Employer for Retaliation in California?

A: Yes, you can sue your employer for retaliation in California. It is illegal for employers to retaliate against employees for engaging in protected activities, such as reporting discrimination, filing a harassment/sexual harassment complaint, or requesting medical leave.

To successfully sue your employer, you will need to provide evidence that the adverse actions taken against you were in direct response to your protected activity.

Q: Are Retaliation Claims Rare in California?

A: No, retaliation claims are not rare in California. In fact, retaliation is one of the most common types of claims filed by employees in employment disputes. Many employees face retaliation after reporting unlawful activities or filing complaints about workplace harassment and other issues. California offers robust protections for employees.

Q: What Are Examples of Workplace Retaliation?

A: Retaliation may take many forms, such as:

• Job Termination – firing an employee after they file a complaint or report illegal activities.
• Demotion or Denial of Promotion – blocking an employee’s advancement or demoting them to a lower-paying position.
• Reduction in Hours or Salary – reducing an employee’s hours or pay.
• Negative Performance Reviews – providing poor performance evaluations.
• Hostile Work Environment – creating a hostile work environment where the employee is harassed or ostracized for exercising their rights.

Q: What Is Retaliation in Employment Law?

A: Retaliation in employment law refers to adverse actions taken by an employer against an employee for engaging in legally protected activities. Protected activities can include reporting harassment/sexual harassment, filing a discrimination complaint, requesting medical leave, or reporting wage violations.

If you believe you are a victim of retaliation in the workplace, it’s important to seek legal help immediately. Retaliation can have a serious impact on your job, income, and overall well-being. At Clark Employment Law, APC, we help employees stand up against unlawful retaliation. Contact our team today to schedule a free consultation.