San Jose Retaliation Attorneys

Helping Employees Who Experienced Unlawful Retaliation by an Employer 

Both U.S. federal law and California state statutes prevent employers from retaliating against employees who exercise their legal rights. When an employee engages in an activity allowed under employment laws, employers cannot then take adverse employment action in return. Retaliation can take many forms, and if someone believes that they experienced such retaliation, they should discuss the matter with an experienced San Jose retaliation attorney at the law office of Minnis & Smallets, LLP.

Common Reasons for Retaliation

There are many reasons why an employee might suffer unlawful employment retaliation. Some examples include the following:

• Complaining to a supervisor or human resources of unlawful discrimination based on race, sex, or other protected factors
• Complaining of sexual harassment or hostile harassment that created a hostile work environment
• Filing a complaint of discrimination or harassment with a federal or state agency (the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH))
• Filing a lawsuit in civil court for unlawful discrimination
• Requesting a reasonable accommodation for a religious practice under Title VII or FEHA, a disability under the Americans with Disabilities Act (ADA) or FEHA, or pregnancy under the Pregnancy Discrimination Act (PDA)
• Refusing to engage in sexual activity demanded as a condition of employment
• Participating in or assisting with a discrimination or harassment investigation or legal proceeding
• Complaining of wage, hour, or other labor code violations
• Complaining of health and safety violations
• Taking medical and family leave allowed under the Family Leave Leave Act (FMLA) or the California Family Rights Act (CFRA)
• Discussing salary information with coworkers to look into wage discrimination
• Discussing possible union action or engaging in collective bargaining under the National Labor Relations Act (NLRA)

What Constitutes Retaliatory Action?

Some acts of retaliation, such as wrongful termination, are obvious while others are less clear. Retaliation can take the form of any type of adverse employment action in response to an employee exercising a legal right. Some common forms of retaliation include: 

• Demotion
• Pay decreases
• Reduction of shifts or hours
• Unfavorable shift or assignment changes
• Harassment
• Unwarranted disciplinary measures
• Unfairly negative evaluations or scrutinization of work
• Making threats of adverse action
• Asking the employee to complete unreasonable tasks
• Termination

Many people believe they may have experienced retaliation, though they are not completely sure. Employees in this position should always schedule a case evaluation with an experienced retaliation lawyer in San Jose. An experienced lawyer can help you understand your rights under the law, determine whether your employer engaged in unlawful retaliation, and help you take the necessary steps to protect your rights and seek legal relief. 

Learn How Our San Jose Retaliation Attorneys Can Assist

At Minnis & Smallets, LLP, we know how to identify when an employer has violated an employee’s rights under federal or California employment laws. We are committed to standing up for employees who have experienced unlawful retaliation and helping them hold their employers fully accountable. If you have concerns about treatment by your employer, please contact us to discuss your options with a San Jose retaliation attorney as soon as possible.