Updated on August 31st, 2023

Retaliation Lawyer

Our California unlawful retaliation lawyer provides free consultation to determine if you have a claim for retaliation against your employer.

Brad Nakase, Attorney

Email  |  Call (888) 600-8654

In California, when an employee files a complaint regarding discrimination, harassment, unsafe work conditions, or illicit activities within the workplace, it is imperative that their rights are safeguarded. Regrettably, there are instances where employers take retaliatory actions against such employees. At Nakase Law Firm, we offer the assistance of our retaliation lawyer to workers who have encountered a hostile work atmosphere or have faced termination subsequent to raising concerns about issues such as discrimination, harassment, unjust wage practices, hazardous working conditions, and various other matters.

What Does Workplace Retaliation Normally Consist Of?

What Chet is fighting against is known as employer retaliation, and it takes many different forms. Unfortunately, workplace retaliation can be difficult for workers to overcome, so the best bet is to seek legal consultation early.

In the general field of employment law, retaliation describes an employer punishing a worker for taking specific action against illegal activity. This action is called a “protected activity.” When they find it is justified, employees take protected actions against:

  • Discrimination
  • Fraud
  • Violations of safety codes
  • Embezzlement
  • Harassment
  • Other illegal activities

However, employers sometimes retaliate when an employee points out, highlights, or actively speaks against these illegal actions. They do this through:

  • Firing the employee
  • Demoting the employee
  • Making the office hostile to push the worker away

Why choose Brad Nakase  to help?

When preparing to confront your present or past employer, having a proficient and accomplished team supporting you is essential. Brad Nakase is a business litigation attorney and fully prepared to take action on your behalf.

We have earned a notable reputation for skillfully managing prominent cases, having achieved resolutions and judgments against major corporations, governmental bodies, and public figures.

We handle retaliation cases utilizing a contingency fee structure, ensuring that our clients bear no legal expenses until we attain a favorable settlement or verdict on their behalf.

What can a retaliation lawyer do for my case?

Demonstrating a case of retaliation can pose challenges for an affected employee. A workplace retaliation lawyer possesses the expertise and tools needed to unearth evidence substantiating the occurrence of retaliation. This encompasses the acquisition of all relevant documents tied to the retaliation and the collection of witness testimonies validating the events.

Furthermore, the negotiation process between the employer and the employee, aimed at reclaiming the entitled compensation, will be managed by a retaliation lawyer.

Why do employers retaliate against workers?

Employers might resort to retaliation against workers for various reasons. Retaliatory measures may occur when an employee has reported or raised concerns about the following:

  1. Illicit or deceitful actions committed by the employer.
  2. Refusal to partake in fraudulent or illegal activities.
  3. Disclosing wage violations.
  4. Notifying instances of workplace discrimination or harassment.
  5. Providing assistance to fellow workers in their complaints or legal actions regarding unlawful practices.

The same regulations that safeguard employees from such workplace behaviors also extend protection against retaliation by their employers. Robust safeguards against retaliation are provided by the US Equal Employment Opportunity Commission (EEOC) and labor agencies in California in these scenarios.

Retaliation can sometimes lead to wrongful termination. However, it can also include actions such as:

  1. Imposing heavier workloads on the employee.
  2. Demoting the employee from their current position.
  3. Unjustifiably reducing the employee’s salary.
  4. Denying raises or promotions.
  5. Issuing negative performance appraisals.
  6. Assigning unfavorable job relocations or shifts.
  7. Excluding the employee from training opportunities.
  8. And more.

Can you get compensation for these cases?

If you or a loved one has experienced workplace retaliation subsequent to reporting incidents of discrimination, harassment, unjust wage practices, hazardous work conditions, or other reportable transgressions, reach out to retaliation lawyer, Brad Nakase, without delay. Our team is prepared to investigate the matter, striving to guarantee your equitable treatment. Our primary aim is to secure the rightful compensation you deserve. This compensation may include the following elements:

  1. Unpaid wages that are owed to you.
  2. Coverage of court expenses and legal fees.
  3. Damages to account for pain and suffering.
  4. Reinstatement to your job, if applicable to the situation.
  5. Potential punitive damages targeted at the employer.

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What Is A Hostile Work Environment?

The law defines an unlawful hostile work environment to mean when a superior or coworker communication or behavior that is offensive, intimating, or discriminate on the basis of gender, religion, race, ethnicity, etc.

Can you take unpaid time off in California?

There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, the federal Family and Medical Leave Act (FMLA) gives eligible employees the right to take up to 12 weeks of unpaid leave per year.

DFEH Right to Sue

To file a lawsuit for discrimination, you must file a complaint with DFEH and obtain a Right-to-Sue notice.

Is It Illegal To Not Pay Overtime?

Yes, it is illegal for employer to not pay overtime because California law requires that employers pay overtime, whether authorized or not.

What Is Rate Pay Meaning?

The meaning of pay rate is the average hourly rate an employee is paid calculated by dividing the total pay for employment in a work week by the total number of hours actually worked.

California Break Laws

Under California law, non-exempt workers are entitled to two paid 10-minute rest breaks and one unpaid meal break during their eight-hour shift. 

Not Getting Paid for Work I Have Done

Workers who have not been paid for work have the right to file a claim with the federal and state Department of Labor for unpaid wages.

California Overtime Law

Under California overtime law, an employee who works over eight hours a day or over forty hours per week is entitled to overtime pay at one and one-half times the regular rate of pay.

Who is exempt from overtime pay?

As of 2023, to be exempt from overtime pay, any employees who are paid at least $62,400 per year and work are primarily professional, executive, creative, managerial, or intellectual and require the exercise of independent judgment.

Can Previous Employers Talk Bad About You?

There are no state or federal laws prohibiting what a previous employer can or cannot say about a former employee. However, previous employers are not permitted to make up lies to damage your reputation and make it difficult for you to get another job.

Can An Employer Cut Your Pay as Punishment?

Employers cannot cut hours to retaliate against employees. Cutting the hours of an employee should never be used as discipline or in an attempt to make an employee quit. 

California Random Drug Testing Law

Random drug testing is not permitted in California, and employers must give their employees notice before a drug test is given.

What happens if you get caught working under the table?

Generally, it is not illegal for your employer to pay you in cash. However, if the employer paid you under the table and did not report your earnings, you may be entitled to money damages under California Labor Code 226.

ADA Proof of Disability

An employer has no right to ask an employee to provide proof of disability unless the employee requests a reasonable accommodation and the employer does not believe disability exists.

FMLA Retaliation and Wrongful Discharge

An employer is prohibited from retaliating, interfering with, restraining, or denying an employee’s exercise of any FMLA right. If an employer wrongfully terminates an employee for FLMA taking medical leave, the worker could have a lawsuit against the employer.

Per Diem Employee Rights

A per diem employee is a worker who work on an as needed basis. A per diem employee does not have a regular schedule or shift but instead works hours as assigned.

How To File A Workplace Harassment Complaint

You can always file a harassment complaint with the EEOC about the harassment. Also, you can retain our employment law attorney to help with no upfront money from you.

Wrongful Termination Settlements

When a worker wins a wrongful termination lawsuit, the average payout amount is $9000 to $95,000, depending on how much the worker would have made during employment.

Can employer ask for proof of disability?

If a worker asks for reasonable accommodation, the employer can ask for proof of disability. However, an employer cannot ask for proof of disability if its part of a hiring decision.

What is an EDD Audit?

An EDD audit is a payroll tax audit initiated when a former worker you classified as an independent contractor applies for unemployment with EDD.  The EDD thinks you misclassified the worker as an independent contractor and audits your company. 

Using PTO for Paid Vacation Time

PTO is any time an employee gets paid while away from work, including paid vacation time. PTO is paid time off, meaning a worker may use PTO for any reason, such as paid sick leave or paid vacation time.

When to hire an employment attorney?

You should hire an employment attorney as soon as you are aware of the issue or believe something is wrong and that the employer is not remedying the issue, such as harassment, wrongful termination, or discrimination.

Is PTO Required by Law?

Employers in California are not required to provide any PTO, such as paid time off or paid or unpaid vacation, to their employees.

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