Are you facing retaliation at your workplace and wondering if you can take legal action against your employer? Workplace retaliation is a serious issue that affects many employees across various industries. In this article, we’ll delve into what constitutes workplace retaliation, your rights as an employee, and whether you can sue a company for retaliation.
What is Workplace Retaliation?
Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity. Protected activity can include actions such as filing a discrimination complaint, reporting illegal activities within the company (whistleblowing), or participating in an investigation related to employment discrimination or other unlawful practices.
Retaliation can take various forms, including:
Termination or demotion
Reduction in pay or hours
Reassignment to less desirable tasks
Denial of benefits or promotions
Harassment or intimidation
It’s important to note that retaliation can occur even if the original complaint or action was not legally valid, as long as the employee had a reasonable belief that the action was unlawful.
Can Employers Retaliate for Whistleblowing?
Whistleblowing, or reporting illegal activities within a company, is a common cause of workplace retaliation. Many employees fear retaliation for speaking out against wrongdoing within their organization. However, numerous laws protect whistleblowers from retaliation.
One key law in this area is the False Claims Act (Qui Tam). The False Claims Act allows private individuals, known as relators, to file lawsuits on behalf of the government against companies or individuals who have defrauded federal programs. If a whistleblower faces retaliation for reporting fraud under the False Claims Act, they may be entitled to legal protection and compensation.
How Does FEHA Protect Against Workplace Retaliation?
In California, the Fair Employment and Housing Act (FEHA) provides protection against workplace retaliation. FEHA prohibits employers from retaliating against employees for engaging in protected activities, such as filing a discrimination complaint or requesting reasonable accommodation for a disability.
Under FEHA, employees who have suffered retaliation may file a complaint with the California Department of Fair Employment and Housing (DFEH) or pursue legal action through the courts. Remedies for retaliation under FEHA may include reinstatement, back pay, and damages for emotional distress.
Your Rights for Workplace Retaliation
As an employee, you have rights protected by state and federal laws to ensure you can work in a safe and fair environment free from retaliation. These rights include:
The right to engage in protected activities without fear of retaliation
The right to file a complaint with the appropriate law enforcement agency or government entity
The right to request reasonable accommodations for disabilities or religious beliefs
The right to receive protection from retaliation under state or federal statute.
Can You Sue a Company for Retaliation?
Yes, you can sue a company for retaliation if you believe your employer has unlawfully retaliated against you for engaging in protected activity. To sue for retaliation, you must be able to demonstrate the following:
Protected Activity: You engaged in activity protected by state or federal law, such as filing an unlawful discrimination complaint or reporting illegal conduct.
Adverse Action: Your employer took adverse action against you, such as termination, demotion, or harassment.
Causal Connection: There is a causal connection between your protected activity and the adverse action taken by your employer.
How Do I Sue a Company for Workplace Retaliation in California?
If you believe you have been retaliated against by your employer, you can take the following steps to pursue legal action in California:
Document the Retaliation: Keep detailed records of any incidents of retaliation, including dates, times, and witnesses.
Consulting with an Experienced Employment Law Attorney: Before taking any legal action, it’s important to consult with an experienced California employment law attorney who can assess your case and advise you on the best course of action.
Filing a Complaint with a Government Agency: In many cases, you will need to file a complaint with a government agency, such as the DFEH or the Equal Employment Opportunity Commission (EEOC), before you can file a lawsuit.
Investigation and Mediation: Once your complaint has been filed, the government agency will investigate your claims and may attempt to resolve the matter through mediation.
Filing a Lawsuit: If your case is not resolved through mediation, you may have the option to file a lawsuit against your employer in state or federal court.
Litigation and Resolution: The litigation process can be lengthy and complex, but with the help of your attorney, you can pursue your case through trial or negotiate a settlement with your employer.
How Do You Prove Retaliation in the Workplace?
Proving retaliation in the workplace can be challenging, but there are several pieces of evidence that can help support your case:
Timing: If the adverse action occurred shortly after engaging in protected activity, it may indicate retaliation.
Documentation: Any written evidence, such as emails, performance reviews, or disciplinary actions, can be valuable in proving retaliation.
Witness Testimony: Witnesses who can corroborate your account of events can strengthen your case.
Comparative Evidence: If other employees who did not engage in protected activity were treated differently, it can support your claim of retaliation.
Seeking Compensation for Retaliation
If you can prove retaliation in court, you may be entitled to various forms of compensation, including:
Lost Wages: Compensation for any wages lost as a result of the retaliation, including back pay and future earnings.
Emotional Distress: Damages for the emotional harm caused by the retaliation, such as anxiety, depression, or humiliation.
Punitive Damages: Additional damages intended to punish the employer for their misconduct and deter future retaliation.
How an Attorney Can Help You in a Workplace Retaliation Case
Facing workplace retaliation can be a daunting experience, but having an experienced employment law attorney by your side can make all the difference. Here’s how an attorney can help you navigate the complexities of a retaliation case and protect your rights:
Legal Expertise and Guidance: An employment law attorney provides specialized knowledge of workplace retaliation laws, guiding you through your options and ensuring you understand your rights.
Evaluation of Your Case: Your attorney assesses the strength of your case based on evidence, determining whether you have a viable retaliation claim.
Protection of Your Rights: Your attorney safeguards your rights, advising on documentation and taking steps to prevent further retaliation.
Representation in Administrative Proceedings: Your attorney represents you before government agencies like the EEOC or DFEH, handling all communication and protecting your interests.
Negotiation and Settlement: Your attorney negotiates with your employer to reach a fair settlement, compensating you for damages and ensuring the retaliation stops.
Filing Complaints and Lawsuits: Your attorney helps file complaints with government agencies and, if necessary, initiates lawsuits in state or federal court.
Litigation Support: If necessary, your attorney represents you in court, preparing legal documents, presenting evidence, and arguing your case.
Maximizing Compensation: Your attorney works to maximize your compensation for lost wages, emotional distress, and punitive damages.
Fight Back Against Workplace Retaliation with BLG’s Practiced Attorneys
Workplace retaliation is illegal and can have serious consequences for both employees and employers. If your employer retaliated against you, it’s essential to understand your rights and options for recourse. By seeking legal guidance from an experienced employment law attorney, you can take steps to protect your rights and hold your employer accountable for their actions. Remember, you have the right to work in an environment free from retaliation and discrimination.
Don’t let workplace retaliation go unanswered. Our experienced team at BLG is here to help you stand up for your rights. Whether you’ve been wrongfully terminated, harassed, or faced other adverse actions from your employer, we’ll fight tirelessly to ensure you receive the justice and compensation you deserve.
Contact us today for a confidential free consultation.
FAQs
How hard is it to win a retaliation lawsuit?
Winning a retaliation lawsuit can be challenging, as it requires proving that retaliation occurred and that it was the direct result of protected activity such as whistleblowing or filing a complaint.
What makes a strong retaliation case?
A strong retaliation case typically involves clear evidence of a protected activity (like reporting discrimination), followed by adverse action (such as demotion or termination) directly linked to that activity.
How much is a retaliation lawsuit worth?
The worth of a retaliation lawsuit varies widely depending on factors like the extent of damages (lost wages, emotional distress), the jurisdiction, and the strength of the evidence. Settlements can range from thousands to millions of dollars.
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