Retaliation in the workplace is not always unlawful. Generally, employees can pursue different legal remedies when an employer retaliates against the employee for raising a concern about or refusing to engage in conduct that the employee reasonably believes is unlawful. However, the statutes and procedural rules for filing a claim can be complex.
At Minnis & Smallets, LLP, our employment lawyers have extensive knowledge and experience in tackling the challenges of workplace retaliation claims. Employees should not be penalized for speaking out against harassment or discrimination at work, so we are dedicated to fighting for their rights. Please contact our firm to set up a free consultation with an Alameda retaliation attorney, and read on for an overview about the relevant legal concepts.
The Fair Employment and Housing Act and the California Labor Code make it unlawful for employers to retaliate against employees or job applicants who exercise designated legal rights. An employee can file a claim for retaliation in the workplace if he or she is subjected to retaliation for such protected activities as:
To prove retaliation, generally, an employee must show that he or she was subjected to an adverse action because the employee engaged in protected activity. Not every action taken by an employer constitutes an adverse action. Typical adverse actions include:
California and federal law provide a range of legal remedies for an employee who can prove the existence of workplace retaliation. They include:
If you have questions about a retaliation claim, the skilled lawyers at Minnis & Smallets, LLP can explain how California and federal law may apply to your situation. Please call 1-415-551-0885 to reach our office or visit us online to set up a consultation regarding your case.