W
S
Western states employment law, PC
916-839-4404
Retaliation & Whistleblowing
Both federal and state law provide numerous prohibitions against retaliation. When an employer takes a negative employment action – referred to as an “adverse employment action” – because an employee participated in protected activity, an employee may have a claim for retaliation.
Employees can engage in protected activity in many ways. The following are just some examples:
- Submitting a complaint about harassment, discrimination, or pay issues.
- Supporting or cooperating with a co-worker who reported harassment, discrimination, or other misconduct.
- Requesting or exercising the right to take medical leave under the Family and Medical Leave Act or by requesting an accommodation for a disability or medical condition.
Whistleblowing claims are a type of retaliation case that normally involve an employee reporting to government agencies, law enforcement, or even internal management that they believe the employer is violating the law by doing such things as committing fraud, health and safety code violations, falsifying tax or corporate filings, or mishandling regulatory mandates.
Because there are so many federal and state anti-retaliation laws, it is important for employees to consult with experienced employment counsel. Some whistleblower protection laws are enforced by government agencies. Sometimes an employee must first submit a complaint to the relevant government agency before they can proceed with a lawsuit. It is often the case that the deadline to file a complaint with a government agency is shorter than filing a lawsuit, sometimes as soon as 90 days after the adverse employment action.
To ensure that your rights are protected, and that all existing remedies are available, employees who believe they have faced retaliation should consult with legal counsel as soon as they suspect retaliation.
As with most employment laws, anti-retaliation laws share a common goal of making a wronged employee “whole” again — or to compensate them so they are in the same position as though the retaliation never occurred, which includes compensation for lost wages, emotional distress, and attorney fees. Likewise, if an employee was terminated, the law may require the employee to be reinstated.
get in touch
California Employment Law
Wrongful Termination
Although California is an at-will employment state, an employer cannot terminate an employee for an unlawful reason. Unlawful reasons may include retaliation, discrimination, or breach of an agreement.
Discrimination
The law protects employees from discrimination based on specific characteristics, including disability or medical condition, race, gender, age, and religion. Employees who face discrimination may have a claim against their employer.
Harassment &
Sexual Harassment
The law protects employees from workplace harassment based on protected characteristics, including sex and gender. If conduct creates a hostile workplace or an employer requests sexual favors in exchange for job benefits, employees may have a claim against their employer.
Retaliation &
Whistleblowing
The law provides numerous prohibitions against retaliation. When an employer takes a negative employment action because an employee participated in protected activity, an employee may have a claim for retaliation.
Disability Accommodation
Employees who are disabled are entitled to accommodations to enable them to perform the essential functions of their job. Employers cannot discriminate against a disabled employee or retaliate against them for requesting an accommodation.
FMLA/CFRA Leave
Employees may be entitled to unpaid protected leave for personal or family medical issues. If an employer denies the leave or takes action against an employee for taking leave, an employee may have a claim against their employer.
Unpaid Wages, Overtime, Meal & Rest
The law ensures employees are compensated for their work. California has additional protections including meal and rest periods, accurate wage statements, and reimbursement for expenses. Employees have remedies when they are not properly compensated.
Public Sector Employment
Public employees may need to complete some important procedural steps to protect and enforce their workplace rights, including filing timely administrative claims or participating in pre-termination hearings.
Employment Agreements
Most California employees are at-will employees. Sometimes, employees have contracts that set the terms, compensation, and benefits of their employment. Employees should have a clear understanding of these agreements and the steps they can take if the employer breaches the agreement.
Contact Us
500 Capitol Mall
Suite 2350
Sacramento, CA 95814
By Appointment Only
916-839-4404
Office Hours
Monday to Friday
9:00 am to 6:00 pm
W
S
Western states
employment law, PC
Shane Larsen
attorney bio
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© 2024 All Rights Reserved.