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Our top-rated Sacramento employment attorneys understand that it could be very stressful to lose your job. You may be wondering what you could do next as you’re scrambling trying to find another job. Not only could this take a toll on you, but on your family members as well as they now have to deal with the change in income in the family. But, it could be even more frustrating if you were let go from work or treated unfairly at work simply because you did the right thing.

If you believe you have a workplace retaliation claim, contact our attorneys to see how we can help you hold your employer responsible. Under California and Sacramento law, an employee has the right to speak up and report any unfair work practices. When they do so, they are then protected from any wrong actions by their employer. If their employer does take wrongful actions, they could file a lawsuit for a variety of damages and compensation that the employee is owed. 

Give us a call today to discuss your specific case, since each employment case is different from one another. Each employee experiences something different from their employer, which is why we recommend that you speak to our highly-rated attorneys for a personalized legal plan.

What is workplace retaliation?

Workplace retaliation occurs when an employer takes an adverse action against an employee because an employee took part in a legally protected activity. These are various terms that could seem a bit confusing and complex at first. But, this essentially means that an employee cannot be retaliated against for doing the right thing. Retaliation is considered illegal under Sacramento, California, and federal law. Below are lawful actions that an employee could take and cannot be retaliated against:

  • Reporting discrimination: An employee who reports any discriminatory actions or harassment by their employer cannot be retaliated against. If they are retaliated against, they could file a lawsuit.
  • Reporting harassment: An employee who reports harassment at work, whether it was by another co-worker or from their employer, cannot be retaliated against.
  • Filing a complaint with the Equal Employment Opportunity Commission: If an employee files a complaint alleging any workplace on just activities, they cannot be retaliated against.
  • Filing a complaint with human resources: An employee who brings up their concerns with the human resources department cannot be retaliated against by their employer.
  • Taking part in investigations: There may be investigations launched by the state government or by other private companies. If the employee does take part in the investigations, they cannot be retaliated against.
  • Whistle-blowing : An employee who reports unsafe work environments or violations of the health and safety code cannot be retaliated against.
  • Accommodations: An employer cannot be denied accommodations, such as a standing desk. This is considered disability discrimination, and cannot be retaliated against for asking for accommodations.
  • Taking vacation: An employee cannot be retaliated against for lawfully taking their accrued vacation time.
  • Family and medical leave: The Family and Medical Leave Act allows employees to take time off work to care for their family members. If an employee is retaliated against for taking their lawful FMLA time, they could file a lawsuit for retaliation.
  • Wage rights: Employees have a right to wages. In the event that they have been retaliated against, such as decreased wages or the employer withholding their wages, they could file a retaliation lawsuit.
  • Union activities: Employees are protected when they engage in union activities. An employer cannot retaliate against an employee simply because they are part of the union.
  • Requesting increased or equal pay:  An employee who requests higher pay cannot be retaliated against by their employer.

Above our activities that are specifically protected, and hold Sacramento employers responsible in the event that they retaliate against an employee. But, there are several other protected activities that do not fall under the above list. Give us a call today to discuss your specific workplace retaliation claim.

Examples Of Workplace Retaliation

Below are examples of workplace retaliation:

  • Termination: an employee cannot be terminated simply because they took part in a protected activity
  • Demotion: an employee cannot be demoted to another job or transferred to another location because they took part in a protected activity
  • Reduction in pay: an employee cannot have reduced pay simply because they took part in a protected activity
  • Change in assignments: an employer cannot change the employee’s assignment or job, simply because the employee took part in a protected activity
  • Excluding the employee: an employer must include the employee in all work-related meetings, and cannot exclude them simply because they took part in a protected activity.
  • Performance evaluations: An employer could retaliate against an employee by filling out poor performance evaluations that are not accurate or true
  • Isolating the employee: the employer cannot encourage other employees to isolate the employee as a means of retaliation.
  • Harassing the employee: an employer cannot harass the employee, or encourage other employees to harass the employee as means of retaliation.
  • Reduced hours: an employer cannot reduce the number of working hours for the employee as a way of retaliating.
  • Discipline: an employee cannot be disciplined for taking part in a lawfully protected activity. For example, an employee should not be written up for speaking up of a unsafe work environment.
  • Verbal threats: an employee should not be threatened by their employer or be threatened by other coworkers simply because they took part in a protected activity
  • Assault: an employer cannot assault an employee because they took part in a protected activity
  • Sabotage: an employer cannot sabotage an employee’s work performance or work environment simply because they took part in a protected activity.

Our top-rated attorneys will help you make sure that you understand your rights, and hold the parties responsible for failing to take protected actions. 

What kind of compensation could I receive for my Sacramento workplace retaliation case?

  • Back Pain
  • Front Pay
  • Incidental Charges
  • Reinstatement
  • Difference In The Reduction Of Wages 

There may be other types of damages that are not stated here. Give us a call to discuss. 

Filing a workplace retaliation claim could be very complicated, mainly because there are several different types of evidence that you may need. For example, an employer does not outright tell the employee that they are retaliating against them. Circumstantial evidence will have to be shown in peace together to show that the employer was retaliating. 

But, our attorneys will take a look at various types of evidence, including performance reviews, work hours, pay stubs, and performance reports to determine how we could prove workplace retaliation. 

Sacramento Workplace Retaliation Attorneys 

Our top rated and highly qualified Sacramento workplace retaliation lawyers make sure that we hold the parties responsible for failing to take adequate measures and treating their employees fairly. Employees have several protected rights that are established under federal, state, and local regulations. When an employee exercises their rights, and are instead targeted at work, our attorneys will stand up against the injustice.

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