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Inland Empire Workplace Retaliation Attorneys

Retaliation occurs in the workplace when an employer harasses an employee, usually for making a formal or informal complaint against the employer. California goes to great lengths to protect the employee from retaliation. The Retaliation Complaint Unit was created to investigate complaints alleging discriminatory retaliation in the workplace. If you have been the target of retaliatory actions you have the right to seek legal redress from the employer. The Law Firm of Fernandez & Lauby offers a complimentary case review with victims of retaliation. To schedule your free consultation call 888-959-8508.

Employer Retaliation is Illegal - Employees are a Protected Class:

If an employee has reasonable cause to believe that an employer has violated a state or federal statute or that the employer is not in compliance with a rule or regulation, the California Labor Code prohibits the employer from retaliating against the employee. Section 1102.5 of the California Labor Code states that employees are a protected class. As such, an employer may not retaliate against an employee who refuses to participate in any activity that violates a state or federal statute.

  • If an employer retaliates against a whistleblower, the employer may be required under the law to reinstate:
  • A. the employee’s employment
  • B. the employee’s work benefits
  • C. the employee’s lost wages
  • D. other necessary steps in order to come into compliance with the law.
  • Source: California Labor Code, Sec. 98.6

What Damages are Recoverable for Employer Retaliation?

Several types of damages are recoverable, including:

  • The wages that the employee would have earned if still employed
  • Wages that would be earned if the employee obtained a new, similar job
  • If demoted, the employee would be eligible to recover the amount of money they would have earned under the old position
  • Punitive damages may be recoverable in some cases of retaliation if the conduct is extreme or egregious

Contact a Riverside/San Bernardino Employment Attorney for a Free Consultation for Retaliatory Conduct:

The Law Firm of Fernandez & Lauby offers a complimentary consultation to discuss your case and to assess options that may be available to you for employer retaliation. There are no fees for contingency cases unless the case is favorably resolved on your behalf. Fernandez & Lauby has been protecting the rights of thousands of individuals for more than 15 years. To schedule your complimentary consultation call Fernandez & Lauby at 888-958-8508.

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We make it a priority to provide outstanding legal support, advice and representation for clients throughout Southern California. From class action litigation involving groups of employees to individual representation for one employee, we are focused on building strong solutions for clients.

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News & Features

Follow FernandezLauby on Twitter

--- Wednesday, June 29, 2016 ---

We just released a new page detailing critical wage information for California truck drivers.

--- Thursday, June 9, 2016 ---

Check out a new short article by Fernandez & Lauby regarding paid vacation benefits.

--- Thursday, November 12, 2015 ---

One of our employment attorneys discusses the details of missed meal breaks in her recent article, Hunger Pain Blues. Explore the legal details, penalties, and required extra pay regarding missed meal breaks in California.

--- Wednesday, November 11, 2015 ---

Trial Victory -- Fernandez & Lauby attorney, Brian Mankin recently prevailed at trial on an employee's individual unpaid wage claim in San Bernardino County Superior Court. The employee claimed that he was required to work more than 8 hours per day and/or 40 hours per week, but was only paid for 40 hours per week. He also claimed that he was given inaccurate wage statements. The employer claimed that it did not owe any additional wages. Mankin filed a lawsuit for failure to pay minimum wages and overtime wages, as well as failure to provide breaks and accurate wage statements. Following trial, the court awarded the employee his unpaid wages, interest and various penalties, plus the employer was required to pay approximately $60,000 in attorneys fees and costs to Fernandez & Lauby. If you were denied wages, misclassified, not given all required breaks or have any other concerns about your pay or working conditions, feel free to call, or email, the employment law team at Fernandez & Lauby for a free consultation. Most unpaid wage cases are handled by the firm on a contingency basis, meaning you don't pay unless you win.

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4590 Allstate Drive
Riverside, CA 92501
Phone: 951-320-1444 Toll Free: 888-959-8508
Fax: 951-320-1445
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Irvine
7700 Irvine Center Dr, Ste 800
Irvine, CA 92618
Phone: 949-788-2905
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Fax: 951-320-1445
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