If you are retaliated against for an unlawful reason, you may be entitled to recover damages. Damages may include lost wages, future wage loss, emotional distress damages, and punitive damages. The employee bears the burden of proving that he or she was retaliated against. Types of evidence that an employee can use to prove his or her case include computer-generated evidence, documents, oral testimony: statements made by supervisors, co-workers, or even the employee, etc. Further, evidence comes in many forms; an employee’s testimony alone could prove his or her case.
EXAMPLES OF RETALIATION
Retaliation occurs when an employer fires an employee for objecting to workplace harassment, discrimination, or any other violations of the Fair Employment and Housing Act and Title VII. The complained of conduct can be either something the employee personally experienced, or witnessed a co worker experience. Similarly, it is unlawful for an employer to retaliate against an employee for complaining to the Department of Fair Employment and Housing (“DFEH”) or the Equal Employment Opportunity Commission (“EEOC”).
The California Labor Code prohibits employers from retaliating against employees for engaging in number of “protected activities”, including: (1) performing jury service (after reasonable notice to the employer), see Lab. Code § 230(a); (2) appearing in court as a witness (after reasonable notice to the employer), see Lab. Code § 230(b); (3) complaining about unsafe work conditions or practices, see Lab. Code § 6310(b), Lab. Code § 6400; (4) disclosing the amount of his or her wages to coworkers, see Lab. Code § 232(c); (5) disclosing information about the employer’ working conditions, see Lab. Code § 232.5; (6) requesting that an employer pay employee wages due and owing, see Lab. Code § 201; (7) exercising employee’s right to overtime compensation, see Lab. Code § 1199; or (8) filing for workers compensation, see Lab. Code § 132(a).
Further, an employer may not retaliate against an employee for complaining about workplace violence and credible threats, see Code of Civil Procedure § 527.8. Moreover, an employer may not retaliate against an employee for applying for partial unemployment benefits, see Unemployment Insurance Code § 1251. Also, an employer may not retaliate against an injured employee who requested workers compensation insurance.
Additionally, California and federal laws prohibit employers from firing an employee for requesting an accommodation. Likewise, an employer may not retaliate against an employee for requesting family leave or pregnancy leave.
Tumber Law Firm is based in San Francisco, California. Our attorneys represent clients in San Francisco, San Mateo, Santa Clara, Monterey, Alameda, Contra Costa, Sacramento, Solano, Marin, and Sonoma Counties. Tumber Law Firm, Attorneys At Law, protects clients from retaliation, discrimination, and harassment involving dismissal, demotion, or denial of accommodation based on age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications. Additionally we represent employees if they have not been paid the proper wages including overtime or minimum wage, or those not given the proper meal and rest breaks. If you believe that your rights have been violated, CONTACT US to setup your free consultation to discuss this matter. We take cases on a contingency basis and collect no attorney fees unless we win your case.