Retaliation in the workplace is against the law in California, so there can be severe consequences if an employer punishes a current employee or job candidates for engaging in protected activities. While this general concept is relatively straightforward, many employees do not understand the far-reaching implications of federal and state statutes regarding retaliation.
At Minnis & Smallets, LLP, our attorneys have extensive experience representing clients in workplace retaliation cases in Marin County, CA and throughout the Bay Area. We can tell you more about your legal options after an initial case assessment, but some background information on retaliation claims in California may also be useful.
California enacted the Fair Employment and Housing Act in part to prevent employers from retaliating against employees or prospective employees when they assert their legal right to a workplace free of discrimination or harassment.
FEHA only protects employees who object to discriminatory or related conduct in the workplace. An employee may have a claim for retaliation in the workplace where an employer sanctions him or her for engaging in a protected activity, such as:
While every case is different, there are certain types of actions that, if taken by an employer against an employee because the employee has objected to or refused to participate in discrimination or harassment, are likely to be considered retaliatory.. They include:
Not all conduct that punishes an employee is retaliatory, however. An employer may terminate, demote, or other penalize a work for legitimate reasons, such as poor performance or misconduct, so long as the employer is not doing so because the employee reported discrimination or harassment.
An employee who is successful in establishing a retaliation claim may recover for the damages that the employee has suffered as a result of the employer’s unlawful conduct. Recoverable damages include:
If you have questions about employee rights and the legal obligations of employers in retaliation cases, our skilled Marin County, CA employment attorneys can help. Please call 1-415-551-0885 to reach the San Francisco offices of Minnis & Smallets, LLP. You can also visit us online to learn more about our legal services or set up a consultation regarding your case.