Workplace Retaliation Attorneys in Walnut Creek, CA
Enforcement and Litigation statistics from 2020 found that workplace retaliation remains the most frequent claim, representing almost 60 percent of all charges filed. This represents an increase in retaliation claims by 2% over 2019 and 4.2% over 2018. There are a number of likely reasons for the increase in workplace retaliation claims, and it is probably not due to an increase in terrible managers. Our experienced workplace retaliation attorneys are here to help clarify the standards to prove retaliation claims.
First, the standards required to prove retaliation claims are changing and with that, the number of new filings increases. Secondly, employees over time gained a better understanding of the laws regarding retaliation. The third reason for the increase can be chalked up to human nature. As society learned of more and more retaliation cases, jurors became more comfortable believing that a manager or supervisor changed his or her behavior towards an employee that “squealed” on a workplace problem than to believe the same manager acted with legitimate business reasons. In other words, most jurors believe it is expected, even understandable when a manager or supervisor strikes back against an employee who accused them of wrongdoing.
The skilled, knowledgeable workplace retaliation attorneys at Vanegas Law Group have extensive experience dealing with claims of workplace retaliation, as well as other employment law cases. We offer innovative, cost-effective approaches as we deal with these nuanced employment law issues. We will evaluate your case comprehensively and objectively, then act in a proactive manner. We understand your concerns, whether you are an employee or an employer, including the concern regarding the cost of such a dispute—financial costs, time and energy cost, and the cost of being unable to move forward in your life without a resolution.
The lawyers at Vanegas Law Group have truly seen it all. Our keen sense of justice and vigorous advocacy results in many early, informal resolutions prior to litigation. However, we are never hesitant to initiate a lawsuit or take a case to trial if that’s necessary. We understand this is a difficult time for you, and we want to make it as simple and uncomplicated as possible. We strive to touch apprise you at every step in the litigation process. We represent each client with compassion, courage, and honesty in our communications. Please read on to find what can be the basis of a workplace retaliation claim, and be sure to contact us with your questions.
Workplace Retaliation May be Based on a Report or Complaint of a Violation of Law:
- Reporting Sexual Harassment—Suppose your employer has used sexually suggestive language with you on multiple occasions and you file a complaint through your human resources department. Or perhaps the situation is a “quid pro quo” issue, where your employer threatens an adverse employment result unless you perform a sexual favor. While the sexual harassment may have stopped following your complaint, now your hours were switched to the least desirable shift, and you have even received a cut to your hours or pay. This is workplace retaliation and is illegal.
- Complaint of Discrimination—When you complain about discrimination in the workplace, then find yourself a victim of retaliation as a result of that complaint, you may have a case for workplace retaliation.
- Wage and Hour Disputes—Employer retaliation following a wage and hour claim is against the law. If your employer demotes you, reduces your hours, terminates you, makes adverse changes to your work schedule, subjects you to unwarranted disciplinary action, or delivers an unfavorable work evaluation after you have reported a wage and hour violation, you can pursue legal remedies.
- Whistleblower Laws—When you exercise your rights under state or federal whistleblower protection laws, your employer cannot legally retaliate against you. Retaliation would include such things as firing or laying you off, demoting you, denying overtime or promotion, placing you on a less desirable shift, or reducing your hours or your pay. Many different laws prohibit retaliation and protect those who make a complaint of or participate in an investigation of illegal behaviors, such as a violation of state or federal statute or regulation or a local ordinance or lax employee safety standards. It is also illegal to retaliate against an employee for making a worker’s compensation claim or representing a group of employees (whether as a union or other concerted action).
Applicable Law Regarding Workplace Retaliation
California employment law prohibits employers from engaging in workplace retaliation against any employee who opposes, complains about, or participates in a workplace investigation of harassment or discrimination. Employers are also prohibited from engaging in workplace retaliation against employees who report violations of the law, request reasonable accommodations for a disability or their religious beliefs, or who file a “qui tam” lawsuit under the California False Claims Act. California’s whistleblower laws and Fair Employment and Housing Act retaliation laws provide a path for employees who have exercised their rights under those laws, then find themselves the victim of retaliation.
What To Do If You Experience Workplace Retaliation
If you believe your employer is retaliating against you, speak to a supervisor (if it is not the supervisor that is engaging in retaliation) or to Human Resources. If there is no legitimate explanation regarding the suspected retaliation, clearly state your belief that you are being retaliated against. Make sure to point out that the adverse action or actions only commenced after you complained or filed a lawsuit. Ask that the retaliatory behavior(s) stop immediately, and if it does not, contact the workplace retaliation attorneys of Vanegas Law Group.
You will need to help your attorney build a strong case by showing the link between your complaint or other behavior that triggered the retaliation and your employer’s retaliatory behavior. Always document the retaliatory behavior, including times, dates, places, and whether there were any witnesses to the behavior. Finally, consult with our skilled workplace retaliation attorneys to ensure your rights are fully protected.
How the Vanegas Law Group Can Help
The workplace retaliation attorneys at Vanegas Law Group pride themselves on using the most innovative approaches to employment law issues while delivering consistently excellent results. Our clients deserve candid, courageous representation and counsel; we use creative, efficient, and cost-effective strategies, collaborating within our firm and with our clients to pursue a fair resolution.
Vanegas Law Group’s experienced attorneys never shy away from a difficult case. Our keen sense of justice dictates that we will fight for you and for a fair resolution to your situation. While we are always prepared for a courtroom battle, we are highly-skilled negotiators who can turn the most contentious situation into a satisfactory outcome for all those involved. Contact Vanegas Law Group today for all your employment issues.
