Workplace Retaliation Attorney in Monterey County
Attorney Marder Provides Sound Legal Counsel for Retaliation Cases
While California is an "at-will employment" environment—meaning an employer can release an employee at any time without having to provide an explanation—that does not mean that your employer can fire you for any reason.
An employer cannot retaliate against an employee for making a complaint about workplace discrimination or harassment (including sexual harassment, sexual orientation harassment, racial harassment, religious harassment, national origin harassment, and disability harassment).
An employee is also protected from being fired for:
- Refusing to engage in an illegal activity
- Serving in the armed forces reserves
- Requesting overtime pay or additional benefit
What is Retaliation?
Retaliation is considered "any adverse employment action resulting from an individual opposing practices prohibited by the FEHA or an individual who filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted by the Fair Employment and Housing Commission (FEHC) or Department of Fair Employment and Housing (DFEH) or their staffs."
Examples of employer retaliation include:
- Disciplinary actions
- Negative performance reviews
- Being overlooked for raises
- Being overlooked for promotions
- Forcing an employee to work a more demanding job without a suitable pay raise
- Being fired
How do You Prove Employer Retaliation?
If you believe you are being retaliated against, you should notify your supervisor, human resources department, and/or business owner in writing, as soon as possible. Keep a copy for your records of your e-mail or letter.
To prove an employer retaliation case, you must show that:
- You engaged in a protected activity
- You experienced a negative employment action
- There was a link between the protected activity and the negative employment action
If your case is successful, you could be entitled to damages that include lost wages, lost benefits, emotional suffering, and punitive damages.
At Marder Employment Law, Attorney Bill Marder stays up-to-date with torts, statutes, and legal precedence. He has more than 25 years of legal experience and has obtained multi-million dollars' worth of compensation for employment discrimination victims.
“Professional and would recommend to anyone that needs their services.”- B.C.
“Bottom line is that I was quite content with the settlement.”- R.G.
“I would recommend Mr. Marder to you without hesitation.”- M.M.