When an employee reports unlawful incidents in the workplace regarding their employer and the employer strikes back at the employee in any manner, this is retaliation. California employment laws, applicable in San Francisco, make it illegal for an employer to retaliate against an employee. As an employee, if you are facing retaliation from your employer because you have reported illegal treatment or unlawful activity, consult with an attorney. Here at JML Law, our discretionary attorneys can provide a free consultation to discuss your claim and what possible legal options should be taken. Contact our offices today at 415-692-3462 or click here to visit our website and request to speak with a retaliation attorney.
What You Should Know
California Labor Code outlines specific laws that must be followed by employers and establishes what possible remedies or damages may be owed to an employee who is a victim of workplace retaliation. Per the Labor Code, an employer can not threaten, intimidate, or negatively impact an employee’s job for participating in “protected activities.” California legislature states:
- An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor
- If an employer is found guilty of retaliating against an employee, he or she is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation, to be awarded to the employee or employees who suffered the violation in addition to any other damages available.
- An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in “protected activities.”
In 2017, The Equal Employment Opportunity Commission released a report that there were 2,752 claims of retaliation filed by employees against their employers in California. Employers sometimes rely on the assumption that their employees are unfamiliar with labor codes and what rights they have protecting them from retaliation. According to The California Department of Industrial Relations (D.I.R.), protected activities could include:
- Filing or threatening to file a wage claim
- Taking time off for jury duty
- Reporting or complaining about a safety or health hazard
- Refusing to perform work that may be hazardous
- Being a witness in an EEO charge, complaint, investigation, or lawsuit
- Speaking with a supervisor or manager about any occurrences of employment discrimination
- Answering questions during an employer investigation
- Refusing to follow orders that would result in discrimination
- Resisting sexual advances, or intervening to protect others
- Requesting accommodation for a disability or religious practice
What To Do
The California Labor Code states that a complaint must be filed within six months of the act of retaliation in most circumstances. Legal representation is the best way to ensure your rights are adequately enforced and allow you to recover the maximum possible damages owed to you by law. Contact JML Law in San Francisco at 415-692-3462 to speak with one of our retaliation attorneys. Do not let your employer cause further grief and negatively impact your future.
Get Your Questions Answered. Contact Our Lawyers.
Every case is unique and needs to be evaluated by our experienced lawyers. If you have been injured in a work-related accident, give us a call at 818-610-8800 or send us an email to schedule a free initial consultation. There is no risk to meet with us. We get paid only if we win your claim.