When an employee speaks up about unlawful conduct at work, he or she should be able to do so without fear of retaliation. Many employers, however, expect their employees to “keep quiet” even in instances of clear wrongdoing and retaliate against individuals who “dare” to complain about or report anything. Fortunately, the law protects employees from being fired or otherwise punished for taking a stand against unlawful or improper actions.
At Broslavsky & Weinman, our San Bernardino retaliation attorneys fight for employees who have been wrongfully retaliated against by their employers. If you have been the victim of retaliation, we can help you take action to hold your employer accountable and obtain justice.
There are two main types of illegal retaliation that are forbidden by law:
- An employee is punished for exercising or defending his or her own workplace rights, such as complaining about discrimination, harassment or nonpayment of wages.
- An employee is punished for “whistleblowing”, aka reporting or complaining about illegal practices by the employer that negatively impact the public or others, such as customer fraud or violation of safety laws.
Examples of Unlawful Retaliation
Some of the most common examples of retaliation include employees being terminated or otherwise being punished for reporting or complaining about the following conduct:
- Workplace harassment (such as sexual harassment, harassment based on race or sexual orientation, etc.)
- Workplace discrimination (such as discrimination based on age, disability, etc.)
- Wage & hour violations (failure to pay overtime, failure to pay for all compensable time, failure to proper wage, misclassification, etc.)
- Unsafe working conditions
- Fraud against the public/third parties (consumer fraud, tax fraud, insurance fraud, etc.)
- Violations of health and/or safety regulations
- Violation of environmental laws
- Violation of consumer protection laws
Workplace retaliation is against the law whether the employee’s complaint was made internally to management or Human Resources, or whether the employee complained/made a report to a governmental agency such as Equal Employment Opportunity Commission, Occupational Safety and Health Administration, or others.
The most common form of retaliation involves the employee being terminated, but unlawful retaliation can also include demotion, reduction in pay or benefits, and other negative treatment that significantly affects employment.
Several types of damages can be recovered in lawsuits for retaliation, including:
- Lost wages and benefits;
- Compensation for emotional distress and suffering;
- “Punitive damages” if it is determined at trial that the employer’s conduct was so extreme as to warrant additional punishment;
- Attorneys’ fees and court costs.
Contact Our San Bernardino Retaliation Attorneys
If you were retaliated against because you stood up for your rights or the rights of others, contact our San Bernardino retaliation attorneys for assistance. You can call us (909) 551-4455 or email us using the contact form on this page for a free confidential consultation. Our San Bernardino employment attorneys can help you evaluate your potential claims and discuss what legal action you may take against your employer. We are well versed in retaliation laws and have successfully represented many victims of retaliation.
With offices in San Bernardino and Los Angeles, we provide representation to employees throughout all of San Bernardino County, including, but not limited to Ontario, Upland, Fontana, Redlands, and Rancho Cucamonga.
San Bernardino Office