What to Do If You Face Workplace Retaliation in Carlsbad, CA

When an employee faces illegal or unethical behavior or practices in their workplace, they may be concerned about the security of their job if they choose to speak up. In California, workers cannot be terminated or face retaliation for reporting discrimination in their workplace.

However, employers may still treat these workers in a different or wrongful manner, so it can be wise to know what to do if you face workplace retaliation in Carlsbad, CA.

Defining Workplace Retaliation in Carlsbad, CA

Workplace retaliation is a serious and illegal form of employment discrimination that can affect many employees in California. In 2020 alone, the U.S. Equal Employment Opportunity Commission, or the EEOC, reported that discrimination based on retaliation was the most frequently filed charge, at nearly 67,500 charges.

Workplace retaliation can take place when an employer punishes their worker for engaging in a protected activity, such as opposing or reporting acts of discrimination, harassment, or other violations of the law. They may also face retaliation for participating in a workplace investigation or legal claim.

When wondering what your legal options are when facing workplace retaliation, it is first crucial to be sure the behavior or treatment you are facing does indeed count as retaliation. The most common forms of workplace retaliation include:

• Suffering a wrongful termination, demotion, or suspension
• Facing a reduction in pay, hours, or benefits
• Being transferred to a less desirable position or location
• Suffering harassment, isolation, or intimidation in your workplace
• Being given a negative performance review
• Facing negative and unwarranted disciplinary action
• Facing interference from employers or supervisors when you are trying to perform your work duties or responsibilities
• Being given a disproportionately large workload
• Being denied training or opportunities that would help further your career

If you might be the victim of workplace retaliation in Carlsbad, it is important to know that you have access to legal rights and remedies under state and federal law. In 2022, workers in California filed an average of 706 workplace retaliation claims each month with the Labor Commissioner’s Office, a 50% increase from the monthly average listed in 2019. When filing these charges, you can seek certain forms of compensation, including:

• Lost wages
• Lost employment benefits
• Medical expenses
• Emotional distress
• Punitive damages (in rare cases)

Depending on the circumstances of your case, you could also seek job reinstatement, a denied promotion, and policy changes to your employer’s current employee guidelines.

Your Legal Options When Facing Workplace Retaliation

When you face workplace retaliation in Carlsbad, you have several legal options. If you may have been the victim of workplace retaliation, you should first try to remedy the situation by approaching a human resources representative or your supervisor regarding the retaliation. If they do not give an adequate response, your next step is to reach out to an attorney who can guide you through the filing process.

An attorney can advise you on all your rights and options when filing a claim of workplace relation. They can also take the following actions in your case:

• Analyze all the facts and details surrounding your case.
• Identify the applicable rules and regulations at both the state and federal levels.
• Determine any potential liability involved in the case and the damages you might recover.
• Collect evidence and witness statements to support your claim.
• Help draft and submit your official complaint paperwork.
• Negotiate a settlement on your behalf.
• Present your case to a judge or jury if negotiations are not fruitful.

Civil cases are generally held at the Superior Court of California, County of San Diego’s North County Regional Center.

Evidence to Prove Workplace Retaliation

When you face workplace retaliation in Carlsbad, you will need to prove that your employer engaged in this kind of behavior. To form a strong claim, you need to have evidence of the following:

• You faced retaliation as a direct result of performing a protected activity.
• You faced adverse actions from your employer or supervisor.
• The motivation behind these adverse actions was your participation in a protected activity.
• Because of these adverse actions, you suffered a substantial amount of harm or loss.

FAQs

Are Women More Apt to File Sexual Harassment Claims in California?

In California, women, more often than men, face sexual harassment at their place of work. According to the EEOC, women filed 78.2% of all sexual harassment charges from 2018 to 2021. However, 90% of victims never file any complaint at all. Furthermore, this does not mean that men cannot be victims as well.

What Is the Average Settlement for a Retaliation Claim in California?

There is no useful average settlement amount for a retaliation claim in California. However, it can be helpful to know the kinds of damages you could seek. Depending on the nature and severity of your retaliation case, you could recover several types of damages, including lost wages, like front pay and back pay, or lost employment benefits.

What Actions Are Protected From Retaliation?

In California, your employer cannot retaliate against you for:

• Reporting any kind of illegal activity taking place at work
• Reporting fraud
• Refusing to engage in illegal behavior on behalf of your employer
• Filing a legal claim against your employer
• Filing a claim for workers’ compensation
• Serving as a witness in any kind of legal proceedings against your employer

What Are Punitive Damages in a Workplace Retaliation Case?

Though these are rarely awarded in workplace retaliation cases, punitive damages can add a considerable amount to the value of your settlement. These damages can apply if it is determined that your employer acted in particularly egregious ways when they engaged in workplace retaliation against you. Generally, the judge will decide whether to award these damages or not.

Contact an Employment Lawyer Who Can Fight for You

Workplace retaliation is a serious form of discrimination, and many employees across California face it. If you may be the victim of such acts, The Law Office of Frank S. Clowney III can hold your employer accountable. Now is the time to take action and seek justice. Contact our offices to schedule your initial consultation and let us protect you.