Understanding Retaliation in The California Workplace

1. Understanding Retaliation in The California Workplace

2. No one should have to worry about their employer retaliating against them. Unfortunately, retaliatory behaviors are not uncommon in California workplaces, and they happen for a variety of reasons. In some cases, retaliation occurs as a result of discrimination. In other cases, retaliation happens when an employee speaks up about unlawful or unsafe workplace conditions and/or violations.

3. Understanding California Workplace Retaliation Both federal and state laws provide protections for employees when it comes to retaliatory conduct on the part of their employer. Employers are not allowed to retaliate against workers who seek to protect their legal rights, report employment law violations, or go to court to serve as a witness against their employer.

4. Retaliation in the workplace can arise in various ways. This can include: 1 Discrimination claims An employer cannot retaliate against an employee for filing a legitimate complaint or lawsuit against the company, including lawsuits that allege discriminatory conduct or harassment. 2 FLSA/Labor Code claims Under the Fair Labor Standards Act and the California Labor Code, employees are entitled to receive minimum wage as well as required overtime pay. Employees cannot be retaliated against for claiming their rights to be paid proper wages.

5. 3 Whistleblower cases If an employee reports their employer for not respecting labor laws or other types of violations, they will typically be protected under state and federal whistleblower acts. Additionally, if fraud is reported against the federal government, an employee can seek protection under the False Claims Act.

6. 4 5 Workers compensation issues Forming or joining a union Nearly every employee in California has the right to workers compensation and other benefits under the terms of their employment. Retaliation against workers who receive or seek these benefits is unlawful. Employers cannot retaliate against workers for participating in lawful union activities.

7. Signs That Retaliation Has Occurred In Your Workplace Often, the signs of workplace retaliation are obvious. Perhaps the most blatant form of retaliation is the termination of an employee after they seek to ensure their rights are upheld. However, there are other times when retaliation is more subtle and harder to identify.

8. Some other signs that an employer could be retaliating against a worker include the following: 01 02 03 Increased workload Less desirable shift assignments or a transfer Being excluded from meetings or correspondence

9. 04 05 Denial of a promotion or raise Unwarranted disciplinary actions 06 07 Receiving negative performance reviews after a string of positive reviews Being denied access to training and resources

10. Hire An Attorney If you or a loved one have been unlawfully retaliated against in the workplace, you can count on the team at Mancini & Associates to help you. Their California workplace retaliation attorney, Tara Licata has extensive experience handling complex employment law cases, and she knows what it takes to investigate these claims in order to determine liability.

11. ADDRESS 15303 Ventura Blvd Suite 600 Sherman Oaks, CA 91403 PHONE 818-783-5757 WEBSITE https://www.mamlaw.net/contact/

12. Thank You 12