Every employee in every industry has various rights, including the right to take certain legal actions in response to what they witness and experience in the workplace. While it can be daunting for employees to take such actions, they are legally protected from employer retaliation. Unfortunately, some employers will choose to retaliate. If you have experienced this, you need to speak with a San Diego retaliation lawyer as quickly as possible to discuss your legal options.
It can be daunting to think of taking direct legal action against your employer, especially when they have been intimidating, threatening, or have created a hostile work environment against you in response to any legally protected action you have recently taken. However, asserting your rights as an employee is crucial, and you can do so more effectively when you have legal counsel you trust on your side.
Representing Employer Retaliation Cases in San Diego, CA
The team at Jimenez Loayza, APC, has extensive experience representing San Diego clients in a wide range of complex employment law cases, including harassment claims, discrimination lawsuits, wrongful termination claims, and cases involving employer retaliation. If you believe your employer has retaliated against you in response to any legally protected action, our firm can help you determine your most viable legal options.
Employer retaliation cases arise from many different circumstances. This term applies whenever an employer takes any type of punitive or adverse action against an employee in response to that employee making any legally protected action. These legally protected actions may include:
- Filing an internal report of sexual harassment in the workplace. Every employer is required to have an anti-harassment policy in place and a process for resolving any type of sexual harassment complaint. Should they fail to uphold these responsibilities and/or retaliate against an employee for filing such a report in good faith, it could be grounds for a retaliation lawsuit.
- Submitting a workplace discrimination claim in good faith to the state Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). Every employee in the state has the ability to assert their legal rights, and their employer may not retaliate against them if a state or federal agency investigates an employee’s complaint.
- Acting as a whistleblower to report illegal, unethical, or dangerous activities within a company. An example of this would be an employee reporting workplace safety violations to the Occupational Safety and Health Administration (OSHA) or reporting environmental harm to the Environmental Protection Agency (EPA).
- Testifying as a witness in any type of legal case against the employer. An employer may not threaten, harass, or punish an employee who is called to testify as a witness in any legal case involving the employer, even if the employee’s honest testimony is detrimental to the employer.
- Participating in a class action against your employer in good faith. For example, if you and your co-workers have all experienced similar wage and hour violations from your employer, banding together in a class action offers strength in numbers, and your employer cannot retaliate against any member of the class for taking such action in good faith.
In order for retaliation to occur, the action must be legally protected, and the employee must have taken this action in good faith. The retaliation must have a tangible impact on the employee’s ability to perform their job duties and/or result in measurable losses. If you are unsure whether you have experienced retaliation, it’s important to discuss your situation with a San Diego retaliation lawyer as quickly as possible.
Examples of Employer Retaliation
The term “retaliation” can apply to any adverse or punitive action taken against an employee in response to their legally protected action. Some of the most common examples of employer retaliation seen in the San Diego area include:
- Wrongful termination. It is illegal for an employer to fire their employee in response to the employee taking any legally protected action, even under the terms of at-will employment laws.
- Demotion, docking pay, or limiting the employee’s hours. An employer may also be biased in their performance reviews of the employee, which could, in turn, impact the employee’s eligibility to receive a pay increase or promotion.
- Undesirable transfer of the employee to a different work location, changing their schedule in an untenable way, or changing the employee’s job duties. Employers sometimes have acceptable reasons behind these decisions, but if they appear retaliatory and/or make the employee’s job more difficult, they are unlawful changes.
- Creating a hostile work environment for the employee that may involve bullying, intimidation, or even threats, making it difficult or impossible for the victim to perform their job duties. Some employers will intentionally create hostile work environments in an effort to coerce employees to quit of their own volition.
Ultimately, employers have relatively broad flexibility when it comes to discipline in the workplace and addressing poor performance, and at-will employment laws also enable employers to fire employees at their discretion. However, when such actions occur in response to legally protected employee actions, they constitute retaliation and are grounds for legal action.
At-will employment laws exist to ensure employees may leave their jobs whenever they deem it necessary. However, many decry these laws as being unfairly biased in favor of employers, allowing them to effectively get rid of employees they believe to be “troublemakers” or effectively creating an escape route when an employee has taken legal action against the employer.
Legally protected actions such as filing harassment or discrimination claims or filing whistleblower reports in good faith are legally protected. This means that an employer may not penalize an employee for taking such actions, and doing so will create the foundation for an employer retaliation suit. Do not assume that at-will employment law allows your employer to fire you whenever they wish, especially after a legally protected action.
Proving Employer Retaliation in San Diego, CA
One of the biggest challenges in many employer retaliation cases is proving the true intent behind an employer’s adverse or punitive action against their employee. An employer who intends to retaliate against an employee in response to a legally protected action typically knows that doing so is illegal, but they may attempt to conceal their actions in some way. This can make gathering evidence to support your retaliation case difficult.
An experienced San Diego retaliation lawyer can review the details of your situation and help you determine what types of evidence you may need in order to make your case. For example, they may be able to help you secure witness statements from co-workers and others at your workplace who can convey things your employer has said about you and your situation. They can also help you prove you were unfairly treated differently after your protected action.
Wrongful Termination in Retaliation Cases
Perhaps the most common legal shield employers will use against employees is the at-will employment law in the state. Most employment in the state functions on an at-will basis, meaning either the employee or their employer has the right to terminate employment at any time, with or without prior notice and with no requirement to state a specific reason. This does not, however, enable an employer to fire their employee for an illegal reason.
An employer may decide to retaliate against an employee’s legally protected action and use contrived evidence to justify their actions. For example, they may give the employee an unfair performance review and then cite poor performance as grounds for termination. It is also possible for the employer to create a hostile work environment for the victim, compelling them to eventually quit their job.
There are many ways that wrongful termination can arise out of employer retaliation, and when this happens, the victim has a broader ability to claim compensation for their damages. Success with a wrongful termination case could yield various forms of compensation, and your San Diego retaliation lawyer is your most valuable asset when it comes to maximizing the results of your case.
Claiming Compensation for Employer Retaliation in San Diego
It’s possible for an employee who has been negatively affected by employer retaliation to claim several forms of compensation if they succeed with their suit. For example, if you were forced to leave your job or you were fired, you may be able to secure reinstatement if you desire it, along with repayment of lost wages and benefits. If you were denied a promotion or experienced other economic losses, these can also be recovered with a successful claim.
Experiencing a hostile work environment, wrongful termination, and other effects of employer retaliation can also be psychologically harmful. You have the right to seek compensation for the emotional distress you experienced, and your San Diego retaliation lawyer can help you determine a suitable amount to seek with your claim. In some cases, punitive damages will also come into play that reflect the severity of the employer’s actions.
Success with an employer retaliation case can also have other valuable effects. Your case could lead to systemic changes within the company and potentially prevent others from facing similar experiences in the future. Ultimately, if you believe you have grounds to file an employer retaliation case in San Diego, the right attorney can help you secure optimal results and enhance your recovery as much as state law allows.
Resolving Your Employer Retaliation Suit in San Diego
You will likely need to submit a complaint to the state CRD or the EEOC in order to proceed with any claim based on employer discrimination or harassment. Your retaliation case may involve various state and federal employment statutes, and your attorney can explain what you can expect as your case unfolds.
If you have the opportunity to settle your case privately, having legal counsel you trust on your side for these negotiations will be crucial. Employers faced with retaliation claims and other cases involving violations of employees’ rights typically aim to settle these claims as quickly as possible and for as little as possible. However, the right attorney can guide you through these negotiations efficiently and help to secure a favorable result.
When settlement is not an option, you will need to prepare for litigation against your employer. This can be a very long and difficult process, but your San Diego retaliation lawyer can provide ongoing support through every stage of your courtroom proceedings. They can assist you in making the strongest possible arguments before the court and present your evidence effectively so you can reach a fair verdict.
What to Expect From Your San Diego Retaliation Lawyer
The team at Jimenez Loayza, APC, has years of professional experience handling employer retaliation claims and a wide range of other employment law cases on behalf of clients in San Diego and surrounding communities. In every case we accept, we take time to get to know our client and listen to their story, ensuring we address all of their individual needs and concerns.
Confronting your employer, especially if they are a large corporation, can be very intimidating without legal counsel you trust on your side. The right attorney can not only assist you in maximizing the outcome of your case but also increase your chances of securing an expedient and satisfying result. Our team will guide you through all interactions with government oversight agencies involved in your case, such as the state CRD and the EEOC.
Once you secure our firm’s representation, we can begin helping you gather the evidence you need to build your case. Depending on the underlying cause of the employer retaliation you experienced, you could have grounds to pursue various forms of compensation, and your employer could face a wide range of legal penalties for violation of federal employment laws.
Whether you are able to resolve your employer retaliation case through private settlement or you need to take the case to court, you can rely on the team at Jimenez Loayza, APC, to be your dedicated legal advocates through all stages of your proceedings. If you believe you have grounds to file an employer retaliation claim, it is vital that you contact us today and schedule your consultation with a trustworthy San Diego retaliation lawyer.