Understanding How Retaliation Impacts Workers in California
State and federal law protect employees from workplace retaliation. Employees are entitled to engage in protected activities, including but not limited to voicing concerns about unsafe or illegal conduct, lodging complaints about unlawful discrimination at work, and requesting necessary accommodations, without the fear of experiencing retaliation.
If, after engaging in a protected activity, your employer takes adverse action against you, they may be breaking the law. A plaintiff-side employment lawyer will be able to help you advocate against unlawful retaliation at work, and may be able to help you recover damages that you are entitled to by bringing a workplace retaliation case.
Key Employment Law Protections Employees Should Know
The Federal Civil Rights Act (CRA) and California Fair Employment and Housing Act (FEHA) are employment laws that prohibit employers from retaliating against employees who participate in protected activities.
Legally protected activities include making a complaint of discrimination or harassment to your employer or to the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CCRD), resisting discrimination or harassment, refusing to engage in work that would result in discrimination or harassment, participating as a witness in a discrimination or harassment complaint made by a co-worker, or requesting reasonable accommodations or job-protected leave. Whistleblowers who report potentially unlawful business practices to the government or the general public are also legally protected from retaliation.
If your employer takes an adverse employment action against you because you participated in a protected activity, your employer has retaliated against you and broken the law. Adverse actions, including loss of pay, loss of benefits, reduced workplace opportunities, negative performance reviews, poor physical or verbal treatment, bad assignments, demotion, layoffs, and firing, could be considered retaliation. Employment retaliation may also result in a wrongful termination.
The Strategic Role of a California Retaliation Lawyer
An employment attorney will be able to help you assess your potential claims and weigh your options. It can be hard to determine whether the mistreatment you are experiencing at work legally qualifies as retaliation. Whether or not you have a legal claim, and the strength of that claim, is entirely case dependent and may depend on factors outside of your control.
When determining whether or not you should file a lawsuit, it is important to consider not only what happened to you, but a multitude of other factors, including when it happened, all the evidence you have to show that it happened, and what else was happening in your workplace at the time.
An employment law attorney can help you make legal sense of what you are experiencing and help you decide what your options are based on the facts of your situation. Additionally, an attorney will be able to advise you about pending deadlines that pertain to your ability to bring claims and ensure that your actions are timely.
An employment attorney may be able to help you negotiate directly with your employer, foregoing the court system. In this instance, an attorney may send a demand letter to your employer or former employer. A demand letter typically lays out your claims, the facts of your case, and warns of your intent to file a court complaint against your employer if they do not agree to negotiate with you.
Usually, a demand letter will include a proposed settlement agreement that you would be amenable to in lieu of pursuing litigation. You and your attorney may decide that the best path forward is to file a lawsuit in state or federal court. If this is the path you chose, a retaliation employment attorney will file a complaint in court.
The progress of any court case is situational and depends on the facts and interests of the parties. Your case may resolve quickly or may take years before going to trial. As the case unfolds, your attorney will advocate for you in front of a judge and ultimately the jury, against your employer and their legal team.
Navigating Claims with State and Federal Government Agencies
Employment law claims are subject to administrative requirements and statutes of limitations. If you miss a deadline to bring a case or do not bring it through the proper channels, you risk losing your right to pursue that particular retaliation claim. Under California law, employees who wish to bring a claim for employment retaliation must exhaust their administrative remedies with a state or federal agency before filing a lawsuit.
To exhaust their remedies, employees must first file a complaint with a government agency, either the federal Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. The EEOC gives employees 1 year from the date of the retaliation to file a complaint. In California, plaintiffs have 3 years from the date of the retaliation to file a claim with the California Department of Fair Employment and Housing (DFEH), at which point they may request a Right to Sue notice.
After exhausting your claims with the DFEH and receiving a Right to Sue, plaintiffs have up to 1 year to file their claim in a California state court. Contact an attorney promptly so that they can advise you of any pending deadlines that might impact your ability to pursue justice and can advise you on any necessary administrative steps.
Potential Outcomes and Remedies in Retaliation Lawsuits
If you are or have experienced retaliation at work, you may be entitled to compensation, including monetary and non-monetary damages under federal and state laws. The amount and types of damages you can recover in a California employment case depend on the facts of the case. Generally, the damages you may recover revolve around the economic and non-economic impact that your employers’ actions had on you.
Monetary damages awarded may include back pay, front pay, lost wages, unpaid wages, emotional distress damages, and punitive damages. Non-monetary damages outcomes may include job reinstatement or policy changes. Prevailing plaintiffs may also be entitled to recover legal fees incurred while pursuing legal action.
In order to make a compelling case, you need to prove that you participated in a protected activity, that your employer took an adverse employment action against you, and that there is a close link in time between the protected activity and the adverse employment action.
How to Choose the Right Retaliation Lawyer in California
If you are experiencing retaliation at work, an employment attorney specializing in employment law can help you understand your options, advocate for you, and potentially recover monetary damages. Moving quickly to find the right attorney is key. Once you have made the difficult decision to contact a lawyer for your retaliation case, the question becomes how to pick the right lawyer for you.
- Personal Referrals: Asking trusted coworkers, friends, and family members for attorney referrals can be a good place to start. If somebody has had a similar experience of retaliation, they may be able to direct you to a good attorney.
- Referral Services: Lawyer referral services can direct you to legitimate lawyers in your area specializing in retaliation and plaintiff-side employment law. The American Bar Association (ABA) and California Bar Association both have online portals that allow you to search for attorneys based on area of expertise and location. Additionally, the National Employment Law Association (NELA) and the California Employment Law Association (CELA) have attorney lists.
- Google Search: You may choose to find an attorney by doing a Google search, including your location and issue area. When reaching out to attorneys found on Google, take the time to read reviews and client testimonials. You should plan to contact multiple attorneys and compare and contrast your options in order to find the best fit. There are several qualities to consider when comparing attorneys.
- Trustworthiness and Reliability: Your attorney will be helping you solve intimate problems in your life. It is important that you feel comfortable enough with your attorney to truthfully tell them all of the facts and details that pertain to the retaliatory conduct, and trust them to handle this information and represent you responsibly. Make sure that your attorney is responsive to you and that you feel heard and understood when speaking with your attorney.
- Expertise and Experience: It is important that you select an attorney who has experience representing clients who have had similar claims. Different areas of law require varying sets of knowledge and experience; when searching for an attorney to handle your retaliation case, look for an attorney who has a track record of winning retaliation cases on behalf of former clients. Read through former client reviews and case results to assess the experience and capability of your attorney.
- Cost: When hiring legal representation, it is important to understand the cost-benefit. Your attorney can advise you about the damages you might be able to recover, along with what fees they may charge you. In some states, including California, you may be able to recover your legal costs if you prevail in your case. Be sure to understand the attorney’s fee structure, what their flat fees are, and what they may charge you. Some attorneys may also offer a contingency fee, meaning that they will only recover if you prevail in your case.
Reach Out to an Attorney Today for a Free Consultation
Workplace retaliation disputes can be extremely complicated; working with an employment law race discrimination expert is essential when negotiating a conflict with your employer. Navruz Avloni is an experienced plaintiff-side employment lawyer with a proven track record of success representing clients throughout California. If you have questions about your employment situation or are experiencing unlawful retaliation at work, please get in contact with us right away for a free consultation. The retaliation attorneys at Avloni Law are here to help.