Preventing Unlawful Retaliation Claims in the Workplace
In the State of California, workplace retaliation occurs when an employer’s unlawful actions, or knowing permitting unlawful actions, by punishing a worker who has filed a complaint, aided in an official police investigation, or reported an illegal activity. California has a strong public policy over the protection of workers against workplace retaliation. Unfortunately, this policy has been abused in many instances by otherwise frivolous and/or meritless claims, often sparked by a disgruntled employee over misunderstandings and other disagreements. If you are facing workplace retaliation claim by an employee, speak to an experienced employer rights attorney who can advocate on your behalf. The attorneys at the Knez Law Group, LLP have provided representation for both employers and employees, and understand the complexities of prosecuting and defending retaliation claims.
At the Knez Law Group, LLP, advocating on behalf of employers who have been falsely brought into the claims process is a top priority. The law firm proudly represents employers throughout the counties of San Diego, Orange, Los Angeles, Riverside, and San Bernardino. When you have reason to believe that you have a false or fraudulent retaliation claim against you, consider obtaining the experienced support of the Knez Law Group, LLP. Contact the firm today by calling (951) 742-7681.
The Fair Employment and Housing Act
The Fair Employment and Housing Act (FEHA) prohibits workplace retaliation against employees making complaints under the act, for helping others file a complaint, and/or for opposing actions that violate FEHA. The act protects workers against workplace retaliation when making a report or participating in investigations that involve:
- Workplace discrimination
- Workplace harassment
- Unpaid overtime or unpaid wages
- Sexual harassment
- Hazards in the workplace
- Injuries that have occurred in the workplace
- Violation of worker rights
- Involvement in unlawful activity
Retaliation in the workplace is unlawful whether the worker’s complaint was filed in their workplace human resources department or the Equal Employment Opportunity Commission. Retaliation is also illegal whether or not the complaint is true.
Examples of Workplace Retaliation
There are a number of detrimental actions that can represent retaliation in the workplace. Examples of retaliation in the workplace include, but are not limited to:
- Being demoted
- Wrongful termination
- Inconvenient relocation
- Switched to undesirable shift
- Given unsatisfactory references
Employees Must Prove Workplace Retaliation
Proving retaliation in the workplace is no easy feat. It is necessary for the employee to prove that there is an existing correlation between the employee’ complaint and the illegal action in question. In most cases, establishing a timeline of the events as they took place will be the primary strategy when they try to demonstrate the link between the complaint and the unlawful measures taken by the employer.
In California, proving retaliation in the workplace can be challenging since many employees in the state are considered “at-will.” This means that workers are not under contract and therefore, the employer or the employ can terminate the employment relationship for any reason and at any time. Regardless of the “at-will” worker status, workers are protected against retaliation in the workplace under both California and federal laws.
Obtain the Legal Representation You Deserve
If you believe you have been experiencing false workplace retaliation claim as an employer, you will need the support of an experienced attorney right away. Retaliation in the workplace is not easy to prove but it is important to not take false claims lightly, as an otherwise meritless claim can become litigious and costly. With the support of a knowledgeable employer rights attorney, you can combat the claims and avoid any penalties associated with it.
The Knez Law Group, LLP is highly skilled in employer rights and understand what it takes to fight a strong case against employers. When facing workplace retaliation claims, you will need proficient legal representation. Obtain a free case evaluation from the Knez Law Group, LLP.
For over forty-three years, Fred Knez has been representing individuals and corporations in serious personal injury and business litigation, both as a plaintiff and defendant. Following his service in the Army during the Vietnam War as a medic and medical laboratory technician, Fred attended the University of Colorado. He then worked as an insurance adjuster for Allstate Insurance and as a private investigator before graduating from law school. Fred was admitted to practice law in California in 1980, the U.S. District Court in 1981, the Ninth Circuit U.S. Court of Appeals in 1983, and the U.S. Supreme Court in 1984. Learn more here.