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.