Retaliation Attorneys Standing up for Employees in the San Francisco Bay Area and Throughout California
Employees have the right to speak up about unlawful workplace practices without fear of punishment. Unfortunately, some employers retaliate against workers who assert their rights or report violations. Retaliation is illegal under both California and federal law, and employees who face adverse actions have legal recourse. Bay Area Employment Law Group LLP is dedicated to protecting employees from retaliation and ensuring they are treated fairly.
When you had the courage to stand up, you deserve an attorney with the courage to stand up for you. Contact us today to share your situation and find out how we can help.
What Is Workplace Retaliation?
Workplace retaliation occurs when an employer takes adverse action against an employee as a response to the employee engaging in protected activity. Common examples of protected activity include:
- Reporting illegal activity or misconduct.
- Filing a complaint about harassment, discrimination, or wage violations.
- Participating in a workplace investigation or lawsuit.
- Requesting reasonable accommodations for a disability or pregnancy.
- Filing a workers’ compensation claim.
Adverse actions can include termination, demotion, pay reduction, poor performance reviews, or reassignment to less favorable duties. Retaliation may also take subtler forms, such as workplace ostracism or unwarranted disciplinary actions.
California and Federal Retaliation Protections
Retaliation is prohibited under several state and federal laws, including:
- California Fair Employment and Housing Act (FEHA): Protects employees who report or oppose unlawful practices, such as discrimination or harassment.
- California Labor Code Sections 98.6 and1102.5: Protects whistleblowers from retaliation for reporting legal violations or opposing unlawful conduct.
- California Family Rights Act (CFRA): Prohibits retaliation against employees who take family or medical leave.
- Title VII of the Civil Rights Act: Protects employees from retaliation for opposing workplace discrimination or harassment.
- Occupational Safety and Health Act (OSHA): Prohibits retaliation against employees who report workplace safety violations.
Recognizing Retaliation
Retaliation can take many forms, some of which may not be immediately obvious. Examples include:
- Termination or demotion after filing a complaint or claim.
- Unfair performance reviews following a request for accommodations.
- Sudden exclusion from meetings, projects, or promotions.
- Reducing work hours or reassigning unfavorable shifts.
- Verbal or written reprimands not based on performance.
Proving Retaliation
To establish a retaliation claim, an employee must show:
- They engaged in a protected activity (e.g., reporting harassment or discrimination).
- The employer took an adverse action against them.
- There is a causal link between the protected activity and the adverse action.
Retaliation cases often rely on timing, documentation, and witness testimony to demonstrate the employer’s unlawful motive.
How Bay Area Employment Law Group LLP Can Help
Our experienced retaliation attorneys are committed to helping employees who have suffered unfair treatment. We can evaluate your situation to determine if you have a valid retaliation claim. We’ll collect and analyze evidence to build a strong case and file complaints with the appropriate state or federal agencies. We can negotiate with your employer for fair compensation or reinstatement or represent you in litigation if necessary to achieve justice.
Employees who have experienced retaliation may be entitled to compensation for lost wages and benefits, emotional distress and pain and suffering, and other legal damages, including punitive damages for particularly egregious conduct. Courts or settlement agreements can also require that an employee’s attorney’s fees and legal costs be paid for by the employer.
Take Action Against Retaliation
Retaliation can have a devastating impact on your career and well-being. If you’ve faced adverse actions for standing up for your rights, Bay Area Employment Law Group LLP is here to help. We understand the challenges of pursuing a retaliation claim and are committed to guiding you through the process with care and determination. Call 510-295-0090 or fill out our online contact form to schedule a consultation today.
Bay Area Employment Law Group LLP—Fighting for Employees Across the Bay Area and California.
