California Doesn’t Take Workplace Retaliation Lightly
Workplace retaliation, while unfair and stressful for an employee, can be difficult to protect against. The important thing to know is that while the law can’t prevent employers from retaliating against their employees, it can offer restitution should you fall victim to retaliation.
Knowing how to look out for workplace retaliation can help you seek restitution a. Retaliation can come in many forms and can be the result of several different types of issues reported.
Oftentimes the employee will first report issues such as sexual harassment, unsafe working conditions, workers compensation claims, another employee breaking company policy or even broken laws. These employees can also be known as Whistleblowers. Most commonly, discrimination is reported as it relates to an employee’s age, race, gender, sexual orientation, religion, or disability.
As unfortunate as retaliation is, it can be administered in many different ways. Employers have been known to cut hours or pay, pass employees over for promotions, place people on unpaid administrative leave, and even terminate employment. Termination in retaliation for reporting any of the previously mentioned issues would likely be considered a wrongful termination.
It’s also interesting to note that even though there might only be one person, perhaps your manager, giving you a hard time or retaliating against you, under the law the company is still liable for that person’s actions. In 1998, the California Supreme Court ruled that individual managers and supervisors can’t be held personally liable for retaliation. However, the California Fair Employment and Housing Act says that it is unlawful for “any employer, labor organization, employment agency or person” to engage in retaliation.
If you have recently reported some type of illegal or improper activity within the company and your working environment or conditions have been adversely affected, you should seek counsel of an experienced San Francisco labor law attorney. An experienced attorney can help you understand the legal aspects of your situation as well as offer guidance in seeking recompense.
Call us today (415) 230-2755 to learn more about fighting workplace retaliation.
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