Alameda County Retaliation Attorney

Retaliation Attorneys Defending Employee Rights in the Workplace

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.

California Law Prohibits Certain Forms of Retaliation

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:

•    Initiating a discrimination claim with a government agency;
•    Filing a harassment or discrimination claim with a government agency;
•    Reporting concerns to an employer about activity the employee reasonably believes is unlawful, including discrimination or harassment against the employee or other employees;
•    Suing an employer for harassment or discrimination;
•    Participating in administrative proceedings to support a harassment or discrimination claim filed by a co-worker;
•    Providing information related to an investigation by government officials;
•    Disclosing information to authorities regarding the employer’s perceived violation of state or federal law;
•    Requesting accommodation due to a disability or for religious reasons; and,
•    Many other types of activities.

Unlawful Acts Amounting to Retaliation

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:

•    Termination or demotion;
•    Reducing or changing work hours;
•    Poor, unjustified performance reviews;
•    Transferring the worker to an undesirable position or location;
•    Threats to report the employee to government officials, including immigration agencies.

Enforce Your Rights Through a Retaliation Claim

California and federal law provide a range of legal remedies for an employee who can prove the existence of workplace retaliation. They include:

•    Compensation for back and future pay;
•    Reinstatement of a worker who was fired for engaging in protected activities;
•    Compensation for emotional distress, pain, and suffering;
•    Attorneys’ fees;
•    Court costs; and,
•    Other damages as appropriate.

Talk to an Alameda Retaliation Attorney About Your Options

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.