The workplace should be a discrimination-free environment where every employee can expect to be paid fair wages while doing their job with other workers to create, innovate, and thrive. However, sometimes issues arise, such as sexual harassment instances or misconduct from an employer. To keep the workplace safe, employees should be allowed to file a complaint or voice their concerns without facing the threat of retaliatory behavior from an employer, such as wrongful termination.
Retaliation is not only unpleasant; it is illegal. Under federal and California law, the California Labor Code and the California Fair Employment and Housing Act (FEHA), it is illegal for an employer to treat an employee unfairly because that employee has filed a complaint or testified against their employer.
Were you fired and believe it was because you expressed a concern about a workplace issue? Have you experienced subtle retaliation after bringing forward a harassment claim? Were you suddenly laid off after asking about unpaid overtime?
In California, employees are generally protected from retaliation for engaging in certain types of legally protected activity, such as reporting misconduct or participating in an investigation related to misconduct. To succeed in a retaliation claim, the employee (also known as the plaintiff) must typically prove the following elements:
If you can prove these elements, you may be entitled to damages and other compensation, such as reinstatement or back pay.
To file a retaliation claim in San Diego as an employee, you will need to follow these steps:
Overall, the process for filing a retaliation claim in San Diego can be complex and may involve a number of steps. It is crucial to carefully review the requirements and seek the assistance of an experienced employment attorney if you believe you have experienced retaliation.
The statute of limitations is the time limit within which a person must file a claim. In California, the statute of limitations for a retaliation claim depends on the type of claim and the applicable law.
For example, under the California Fair Employment and Housing Act (FEHA), the statute of limitations for a retaliation claim is one year from the date of the alleged retaliation. This means an employee must typically file a claim for retaliation within one year of the date on which the alleged retaliation occurred.
Under the federal Civil Rights Act of 1964, the statute of limitations for a retaliation claim may be different. Under Title VII of the Civil Rights Act, the statute of limitations for a retaliation claim is generally 300 days from the date of the alleged retaliation.
Proving retaliation in California can be challenging, as it requires the employee to show that the employer took adverse action against them due to their protected activity, rather than for some other legitimate reason. This can be difficult to establish, however, as employers may try to present a different reason for the adverse action taken against the employee.
To succeed in a retaliation claim, you are going to need to provide evidence that supports your claim, such as documentation, witness testimony, or other forms of proof. You may also need to demonstrate that you were treated differently than other employees who did not engage in protected activity. It is important to carefully document your experiences, and working with a knowledgeable workplace discrimination attorney can help you make sure you have everything you need to file a claim.
A wrongful termination case is a legal claim brought by an employee who believes they were wrongfully terminated from their job. To succeed in a wrongful termination case, you must typically show that the termination was in violation of a law or contract. Some occurrences that can warrant a wrongful termination claim include:
I have helped clients successfully resolve employee rights cases in which my client has experienced retaliation due to:
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If you believe you have been retaliated against but wonder what your next step should be, call my office. As a lawyer, I can help you decide how to proceed. After listening to you tell the story of what happened at your workplace and asking some specific questions, I can generally tell you whether or not I believe that exploring a legal action is the next step.
Sometimes retaliation is direct; sometimes it can be inferred (implied). An attorney can help you understand what the difference is and sift through the facts of your case. Call my San Diego law office today at 619-557-0458.