If you have faced adverse employment action for speaking up or being a whistleblower at your place of work, Fairchild Employment Law can help you stand up for your rights. Our employment law attorneys will seek the financial compensation and justice for an employer’s wrongdoing. Request a free consultation with us in San Diego to learn more about your case.
Why Choose Our Lawyers?
- Jillian Fairchild is extremely knowledgeable, professional, and dedicated to supporting her clients for the duration of workplace retaliation cases in San Diego.
- Jillian has 15 years of experience working as a defense attorney – she knows how employers operate during retaliation cases and how to counter them to get the results you are legally entitled to.
- We know how stressful a workplace retaliation case can be; we will be by your side every step of the way, offering personalized legal advice and guidance.
- You won’t pay your workplace retaliation lawyer from Fairchild Employment Law anything unless we secure backpay or other forms of compensation for you.
How an Employment Lawyer in San Diego Can Help
A retaliation attorney in San Diego can bring a claim on your behalf against an employer or powerful corporation for illegally retaliating against you after you reported or opposed poor or unlawful workplace conditions. Your lawyer can investigate the issue for you, collect evidence to prove your retaliation claim, and negotiate with an employer for a fair settlement on your behalf. If necessary, an attorney can also pursue financial damages through a court case.
What Is Workplace Retaliation?
As an employee in San Diego, you have the right to expect a safe work environment that is free from discrimination, harassment, and health hazards. You also have the right to file complaints regarding any unlawful activity or safety violations without fear of retaliation or adverse job consequences.
Retaliation refers to punishment against an employee for engaging in a protected activity. It is against federal and state law (including the California Fair Employment and Housing Act and Title VII) for an employer to demote, fire, harass, intimidate, or otherwise take adverse actions against an employee for reporting legal, safety, or ethical violations in the workplace.
Activities that are legally protected from retaliation in California include reporting discrimination or harassment, requesting reasonable accommodations for a disability or pregnancy, taking leave that is protected by state law, reporting safety or health violations, reporting wage and hour violations, or becoming a whistleblower in a case against the company.
What Are Common Examples of Workplace Retaliation in California?
Workplace retaliation happens when an employer punishes an employee for asserting their legal rights. In California, retaliation can take many forms; some of these are direct, while others can be more subtle. What all forms share in common is that they aim to discourage employees from speaking up and exercising their rights.
Some of the most common examples of retaliation include:
- Termination after filing a complaint or after reporting unlawful conduct
- Sudden drops in performance reviews and/or new disciplinary actions without valid reasons
- Disciplinary action, such as reduced hours, shortly after asserting one’s legal rights
- Unfair transfers to less desirable shifts
- Exclusion from meetings that were previously part of the job
- Hostile treatment from colleagues after a protected activity
Retaliation can also occur in less obvious ways. For instance, a manager might isolate an employee and make negative comments about their “attitude” following a complaint. Regardless of whether the employer fires you, these actions may still qualify as retaliation if they create a hostile environment.
What Counts as Protected Activity Under California Law?
California gives employees broad protection under laws like the Fair Employment and Housing Act (FEHA) and the California Labor Code. These laws prohibit employers from retaliating against workers who stand up for their rights or report illegal conduct.
Protected activities include, but are not limited to:
- Filing or supporting a complaint about discrimination or harassment
- Reporting wage violations or unsafe working conditions
- Requesting reasonable accommodations for a disability or pregnancy-related condition
- Taking protected leave under laws such as the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)
- Participating in an investigation by the California Civil Rights Department or another agency
- Refusing to participate in illegal activity at your employer’s request
You don’t have to file a formal complaint to be protected. Even informal reports or internal discussions with supervisors or human resources can count as protected activities.
How to Prove Workplace Retaliation
You may be eligible for financial compensation as a victim of retaliation in San Diego if you or your attorney can prove this type of tort or wrongdoing. You can build and support your claim by gathering evidence and documentation early on, including copies of complaints you filed, your employment records, and witness statements.
In general, you must prove that you participated in a protected activity, your employer penalized or took adverse employment action against you, and that there is a connection between the two. Hiring an experienced employment lawyer in San Diego can make it easier to prove and win your workplace retaliation case.
How Long Do You Have To File a Workplace Retaliation Claim in California?
If you experience retaliation at work, you have a specified amount of time to take legal action, and the deadlines can vary substantially depending on the exact kind of claim you need to file. Many claims fall under the jurisdiction of the California Civil Rights Department (CRD), which enforces the FEHA and related laws. Generally, you have three years from the date of the retaliatory act to file a complaint with the CRD.
However, note that some claims, such as those involving wage complaints and whistleblowers, may have different time limits. The same may be true for complaints with the Equal Employment Opportunity Commission (EEOC) as well as with the Labor Commission’s Office. Acting quickly is always the best strategy to preserve evidence and strengthen your case.
Once you file your complaint, the CRD will review your case and may issue a right-to-sue notice, allowing you to pursue a civil lawsuit. Remedies for successful retaliation claims can include reinstatement, back pay, emotional distress damages, and attorney’s fees.
If you believe your employer retaliated against you for engaging in protected activity, contact a workplace retaliation attorney in San Diego today. A lawyer can help you file a timely claim and ensure your rights are fully protected under California law.
Request a Free Retaliation Case Review in San Diego
If you suspect retaliation, contact Fairchild Employment Law right away for a free, no-pressure case review. We can help you seek an appropriate remedy, such as job reinstatement, backpay, compensation for emotional distress, and punitive damages. Contact us online or call (619) 306-1454 to request a free case evaluation with one of our local San Diego lawyers.