Stockton Retaliation Lawyer

Stockton Retaliation Attorney

Asserting your rights in the workplace should not come at the expense of your career, but retaliation continues to occur all too frequently. If you have been subjected to demotion, unwarranted discipline, or other adverse treatment after reporting harassment, discrimination, or unsafe working conditions, you should have an experienced advocate on your side. A Stockton retaliation lawyer can help you fight for your rights.

About Asbill Law Group

Nobody should have to deal with workplace retaliation or legal issues alone. At Asbill Law Group, we offer caring, hands-on legal representation for employees and companies in and around Stockton.

Our knowledgeable lawyers take a personal approach to each case, working with clients through every stage of the process, from filings to hearings in the San Joaquin County Superior Court. We fight to protect your rights, offer practical solutions, and deliver meaningful results.

Understanding Workplace Retaliation Laws

Workplace retaliation is a negative action by an employer against an employee because the employee asserted or attempted to assert a legal right. Situations that are covered include adverse actions in response to employee complaints about discrimination, harassment, or other workplace issues. There are several laws that protect an employee from workplace retaliation, including:

• Immigration Reform and Control Act. The Immigration Reform and Control Act prohibits employers from terminating employees due to their immigration status. The act does not cover people who entered the US illegally. It covers anyone who is legally allowed to work in the US.
• Occupational Safety and Health Act (OSHA). By establishing and upholding safety regulations, the Occupational Safety and Health Administration (OSHA) is in charge of making sure workers are working in secure environments.
• Violation of public policy. This covers employees from facing retaliation for refusing to engage in acts that would be considered wrong by the public. These issues can vary, but illegal activities are commonly covered under this act. For instance, an employer who fires an employee for refusing to lie on financial documents to avoid taxes would be in violation of this law.

In FY 2023, the EEOC instituted 143 merits actions, 25 of which included systemic claims and 32 of which were non-systemic class claims. The most common charge was retaliation at 39.2%.

Examples of Workplace Retaliation

Retaliation can take many forms. Generally speaking, it covers adverse actions that your employer took against you for exercising your legal rights. Some examples of this would be:

• Firing someone for reporting unsafe working conditions
• Giving an employee a separate, typically unfavorable, shift after complaining about harassment from other employees in an attempt to separate the victim from the harassing employees, rather than addressing the wrongdoing
• Demoting an employee after they requested medical leave
• Giving an employee negative reviews after they refused to engage in illegal activity, especially if they never received negative performance reviews before
• Giving someone a pay cut for reporting workplace discrimination

Compensation You May Recover in a Retaliation Case

Workers who suffer retaliation can recover in a number of ways. Recoverable damages often include lost wages, benefits, and the value of lost promotions or opportunities. Many employees can also recover damages for emotional distress caused by stress and anxiety or damage to their professional reputation.

In some situations, employees can be reinstated to a former position and have seniority restored. Attorney fees may also be awarded, and in cases involving egregious behavior by the employer, punitive damages may be awarded to punish and deter future bad behavior. The value of each case depends on the facts and long-term consequences.

Why Hire a Retaliation Lawyer?

Retaliation cases can be challenging to build, and an attorney who has experience in this area increases the likelihood of building a successful claim. An attorney can help you gather evidence, record the adverse actions you have been subjected to, and establish a clear connection between your protected action and your employer’s reaction.

A Stockton retaliation attorney also knows the time limits and filing requirements for bringing a case and knows the various ways in which employers attempt to avoid liability. An attorney can also represent you in all negotiations with your employer and in any administrative complaints or court proceedings that may be necessary to protect your rights, from the very first meeting.

FAQs

What Makes a Strong Retaliation Case?

To strengthen a retaliation case, you typically need clear evidence that the employee engaged in a protected activity, such as reporting discrimination or harassment, and subsequently faced an adverse action, like termination, demotion, or pay cut. Additionally, you want to provide solid documentation of the act and the timing of the adverse action that you received. You may also provide evidence of inconsistencies provided by your employer.

What Is the New Law in California for Retaliation?

California law has been strengthened in recent years to provide more protection to employees who report illegal or other violations in the workplace. Employers can no longer retaliate against workers who raise concerns regarding discrimination, harassment, wage or other payment problems, safety violations, or other issues. Additionally, employers cannot discriminate against an employee based on their immigration status if they have the legal right to work in the country.

What Are Examples of Retaliation?

Examples of retaliation include firing, demoting, reducing hours, making an employee the target of negative performance reviews, denying promotions, unwelcome transfers, changes in work schedule, or creating a hostile work environment in response to an employee making a claim about illegal conduct. Even subtle actions, such as ostracism or not including an employee in meetings or professional opportunities, could constitute retaliation

Can I File a Claim Against My Employer for Emotional Distress in California?

Yes, in some cases, employees can file a claim for emotional distress in California if they experienced psychological harm as a result of workplace retaliation. Emotional distress claims are often brought in conjunction with retaliation, harassment, or discrimination claims.

The exact requirements can vary, but in general, you will need to provide evidence of the emotional distress, such as medical records, witness statements, or documentation of how the employer’s conduct has affected your mental or emotional health.

Contact Asbill Law Group

If you were subjected to retaliatory actions by your employer, you may be entitled to compensation to cover the damages you suffered. Hire a retaliation lawyer at Asbill Law Group to help. Contact us today to hold the responsible party accountable.