Retaliation is an act by an employer, either economically tangible or more subtle, in an attempt to have an adverse affect on an employee who has objected to sexual harassment, discrimination, or other illegal activity. Retaliation may also occur where a woman has taken leave under the Family and Medical Leave Act.
Unfortunately, employer retaliation is still more common than one would expect in today’s California workplace. Employees that oppose unlawful conduct often fall victim to retaliation by an employer who terminates their employment or takes other retaliatory actions like demotion or harassment. Fortunately for California workers, California labor law affords protections to California employees by strictly prohibiting an employer from retaliating against any employee who engages in protected activity under the Fair Employment and Housing Act (FEHA).
One type of retaliation is where the victim can show a tangible adverse employment action including termination, a pay-cut, or another demonstrable act that caused economic injury or significantly altered the terms and conditions of the employment relationship.
If you complained about an employer’s illegal actions and were transferred to a different location or you lost certain benefits, you could claim that you suffered from an act of retaliation. Retaliation also includes more subtle acts, such as changes to your work shift. The court will look at the context and the particular circumstances surrounding your claim to determine the effects of an act of retaliation. You may have had child care needs and now a retaliatory shift change prevents you from managing those needs.
It is important to consult with an experienced Sacramento employment retaliation attorney who keeps up to date and informed of the torts, statutes and legal precedence that can provide your case opportunity for fair and just compensation. Our skilled labor lawyers can help you prove that your employer knew about protected activities and created adverse conditions or consequences because of your involvement of perfectly legal activities.
In the employment law context, retaliation occurs when an employee tries to stand up to an employer to protect his or her rights, but the employer attempts to quiet the employee by taking adverse action against the employee.
For example, we often see retaliation associated with:
- Sexual harassment claims
- Whistleblower actions
- Qui tam actions
- Jury Duty Time Off
- Discrimination complaints
- Wrongful termination
- Wage and hour complaints
Whistleblower law protects certain people who take an affirmative step to object to a practice that violates a law, rule, or regulation. For instance, an individual who objects to sexual harassment, pregnancy discrimination, and other illegal activities would likely be protected by California’s whistle blower laws.
If you have been a victim of, or are being accused of retaliation on the job, contact an experienced retaliation attorney in Sacramento at the Law Office of Bowman and Associates, APC to schedule your Free Initial Consultation today.