Workplace Retaliation Attorney in Monterey County
Helping Clients Oppose Unlawful Retaliation
California is an "at-will employment" state. This means an employer can release an employee any time without providing an explanation. However, that does not mean that your employer can fire you for any reason.
Employers cannot retaliate against an employee for filing a complaint of discrimination or harassment to the Equal Employment Opportunity Commission (EEOC). Under California state law, it is also illegal to retaliate against an employee for contacting an employment lawyer.
Additionally, federal law protects employees from being fired for:
- Refusing to engage in an illegal activity
- Serving in the armed forces reserves
- Requesting overtime pay or additional benefit
If you are a victim of retaliation, don't handle your case alone. Reach out to the retaliation lawyer at Marder Employment Law today.
What is Retaliation?
Retaliation is considered a negative employment action that results from employees "opposing practices prohibited by the FEHA." It also covers any employees who file a complaint, become a whistleblower, or in any way assist with an FEHC or DFEH investigation.
While some forms of retaliation are obvious, it can be difficult to identify covert forms of retaliation. Employers engaging in retaliation may create a hostile work environment to cause an employee to quit.
Examples of employer retaliation include:
- Negative performance reviews
- Being overlooked for raises, promotions, or desired assignments
- Exclusion from staff meetings
- Reduction of salary or wages
- Forcing an employee to work a more demanding job without a suitable pay raise
- Forcing an employee to relocate, or denying a desired relocation
- Being fired
Retaliation is common in cases of an employee reporting discrimination in the workplace or sexual harassment. If you have reported such actions, it is important to get legal advice from an attorney.
How do You Prove Employer Retaliation?
If you believe you are being retaliated against, notify your supervisor, HR department, and/or business owner in writing. Keep a copy for your records of your e-mail or letter. This gives the employer the opportunity to explain the behavior while providing documentation for your case.
If the retaliation persists, your attorney can use this documentation to help build a case against your employer. Bring in records of your treatment from before the retaliation to compare, such as positive performance reviews.
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 recover damages.
Damages you can recover in a retaliation case include:
- Lost wages and back pay
- Lost benefits
- Emotional distress
- Punitive damages
At Marder Employment Law, Attorney Bill Marder stays up-to-date with changes to employment law. He has over 25 years of experience in a myriad of employment legal issues. Attorney Marder has also obtained multi-million dollars' worth of compensation.
“Mr. Marder and his wonderful team of associates is who you want in your corner.”- Francisco
“They exceeded my expectations.”- Thomas H.
“Professional and would recommend to anyone that needs their services.”- B.C.