San Jose Retaliation Attorneys
Protecting Employees from Retaliation in San Jose
Retaliation is a form of workplace discrimination that occurs when an employer takes an adverse employment action against an employee for engaging in a legally protected activity. In California, employees are protected from retaliation for a wide range of activities, including reporting workplace harassment, filing a workers’ compensation claim, and taking family and medical leave.
If you have been retaliated against, you may be entitled to compensation. Our San Jose retaliation lawyers at Polaris Law Group have the courtroom experience and knowledge of California and federal law to help you understand your rights and take legal action against your employer.
Workplace retaliation refers to adverse actions taken by an employer against an employee as a response to the employee engaging in a legally protected activity. Retaliation is prohibited by both California and federal employment laws to ensure that employees can exercise their rights without fear of reprisal.
Common forms of retaliation committed by employers include:
- Termination or Demotion: An employer may unjustly terminate or demote an employee who has engaged in protected activities.
- Unfair Discipline: Subjecting an employee to unjust disciplinary actions or harsh treatment in response to their protected activity.
- Negative Performance Evaluations: Providing false or unfairly negative performance evaluations to employees who have engaged in protected activities.
- Change in Job Responsibilities: Unjustly altering an employee's job responsibilities or transferring them to a less favorable position in retaliation for protected actions.
- Exclusion or Isolation: Isolating or excluding an employee from work-related activities, meetings, or opportunities as a form of retaliation.
- Salary Reduction: Unjustly reducing an employee's salary or benefits in response to their engagement in protected activities.
- Unreasonable Workload: Assigning an employee an unreasonably heavy workload or setting unrealistic expectations as a form of retaliation.
- Intimidation or Harassment: Engaging in intimidation or harassment against an employee who has exercised their legal rights.
- Unjustified Negative References: Providing false or unfairly negative references for an employee who engaged in protected activities.
It is important to note that an employer can still be held liable for retaliation even if the adverse employment action was not successful. For example, if an employer fires an employee for reporting workplace harassment, but then rehires the employee after the employee files a complaint, the employer can still be held liable for retaliation.
What Are Legally Protected Activities?
Legally protected activities refer to actions that are safeguarded by employment and labor laws, and engaging in these activities is protected from adverse employment actions or retaliation by employers. The specific protected activities can vary depending on the jurisdiction and the applicable laws.
However, some common examples include:
- Filing a Complaint or Grievance: Employees are typically protected when they file complaints or grievances against their employers related to workplace conditions, discrimination, harassment, or other unlawful practices.
- Reporting Discrimination or Harassment: Employees are protected when they report instances of discrimination or harassment based on characteristics such as race, gender, age, religion, disability, or other protected categories.
- Participating in Investigations: Employees who participate in investigations related to workplace complaints or legal matters are generally protected from retaliation.
- Exercising Labor Rights: Employees have the right to engage in activities protected by labor laws, such as organizing or joining a labor union, participating in collective bargaining, or engaging in other concerted activities for mutual aid and protection.
- Requesting Reasonable Accommodations: Employees with disabilities are often protected when they request reasonable accommodations to perform their job duties.
- Whistleblowing: Employees who disclose illegal or unethical activities within the organization (whistleblowing) are often protected from retaliation.
- Taking Family and Medical Leave: Employees who take leave under the Family and Medical Leave Act (FMLA) for eligible reasons are protected from adverse actions.
- Asserting Wage and Hour Rights: Employees who assert their rights related to wages, working hours, and overtime pay are generally protected.
- Participating in Political Activities: Depending on local laws, employees may have protections when engaging in political activities or expressing political opinions outside of work hours.
Why Choose Us?
At Polaris Law Group, we specialize in employment law matters and strive to provide effective representation for employees facing retaliation. Here are some advantages of choosing us for your case:
- Expertise in Employment Law: Our San Jose retaliation attorneys at Polaris Law Group possess a deep understanding of employment laws specific to California. We stay abreast of legal developments to ensure that our clients receive accurate and up-to-date advice.
- Case Evaluation and Strategy: We conduct thorough evaluations of retaliation cases to assess their strengths and weaknesses. This enables us to develop a tailored legal strategy designed to achieve the best possible outcome for our clients.
- Navigating Complex Legal Processes: Employment law cases often involve complex legal processes. We guide our clients through these processes, handling paperwork, deadlines, and legal procedures, ensuring that all necessary steps are taken for a successful case.
- Protection of Your Rights: Our team is dedicated to protecting your rights as an employee. We work tirelessly to ensure that you are treated fairly and that your legal rights are upheld throughout the proceedings.
- Negotiation and Settlement: Polaris Law Group excels in negotiation skills. We strive to reach favorable settlements for our clients whenever possible, seeking resolutions that are in their best interests while avoiding lengthy court battles.
- Litigation Representation: In cases where litigation is necessary, we provide strong and effective representation in court. Our attorneys are skilled litigators who fight for our clients' rights with determination and legal acumen.
- Experience with Retaliation Cases: We have a proven track record in handling retaliation cases. Our experience allows us to anticipate challenges, address them effectively, and build compelling arguments in support of our clients.
- Client-Centered Approach: At Polaris Law Group, we prioritize our clients' needs. Our client-centered approach means that we listen to your concerns, provide clear communication, and keep you informed at every stage of the legal process.
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More Than 25 Years of Experience in Employment Law
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Payment Is Only Required If a Full Recovery Is Made
Lawsuits Are Filed Within a Few Days of Consultation
Willing to Fight for You When Other Lawyers Won’t Take Your Case