California offers employees particularly strong protection from workplace retaliation. The California Whistleblower Protection Act prohibits employers from retaliating against employees for reporting violations of state or federal laws. Employees are protected for reports made internally and for reports made to authorities. Employees are also protected from third parties acting on behalf of the employer. Whistleblower protection applies regardless of whether the report was part of the employee’s official duties.
Workplace retaliation is any adverse act made by an employer against an employee for reporting illegal or unethical activities. Workplace retaliation may include or more of the following:
When determining whether an act qualifies as retaliation, courts will consider the amount of time elapsed between the time of the employee’s report and the employer’s retaliatory act. Workplace retaliation commonly arises following reports of:
If you have suffered from workplace retaliation, you may be entitled to monetary compensation if certain legal criteria are met.
There are three legal components which must be satisfied for a workplace retaliation claim to be successful: 1) liability, 2) damages and 3) collectability.
Liability requires proving that your employer acted against you as punishment for reporting illegal or unethical acts. Expect your employer to give false reasons for acting against you. Proving the true nature and intent of the employer’s actions often requires an extensive investigation of the facts and circumstances surrounding the case, including interviewing witnesses. These tasks require the skill of an experienced lawyer.
Victims of workplace retaliation may be eligible to recover for lost wages and benefits, emotional distress, damage to reputation, reinstatement or front pay, lost future earnings and other damages. You may also be eligible to recover punitive damages meant to punish and deter employers from engaging in such conduct.
Expect your employer to fight tooth and nail to deny your claim and avoid financial responsibility for the injuries you have suffered. Expect your employer to have their attorneys go to court and blame you for the incident and deny that your injuries are as severe as you say. From our experience, you will need a skilled lawyer to receive a fair settlement if you have suffered from workplace retaliation.
In extreme cases, victims of whistleblower retaliation may fear physical harm. If you fear for your safety, then call the police. If your safety is secure, then here are some practical steps you can follow to protect your legal rights:
Gathering evidence in whistleblower retaliation cases typically requires the expertise of skilled lawyer. From our experience, the earlier in the process you hire a good employment attorney, the better your chances of achieving the result you want.
James Iagmin has been providing compassionate representation to his clients since 1997. Jim is known in the legal community for being an outstanding lawyer and also for being kind, compassionate and intelligent. Jim has a proven track record of achieving the best possible results for his clients and has received a number of honors and awards for his skill as a lawyer. Jim is a recognized leader among personal injury attorneys and served as President of the Consumer Attorneys of San Diego.
Our attorneys at Williams Iagmin, LLP are dedicated to giving each client the attention and care they deserve. We are a small law firm and we treat each of our clients as a top priority.
Complete this form or call us today if you were a victim of workplace retaliation. You will have the opportunity to meet with an attorney from Williams Iagmin, LLP for up to 20 minutes and learn legal strategies which may help you achieve the results you want. You will receive a well written summary of the facts of your case for free. We offer a no-pay guarantee, meaning that you don’t pay unless we win your case.
Tell us what happened and Jim will contact you as soon as possible to discuss your case. The consultation is without obligation and we receive no fees until we win your case. Let us know how we can help you.