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Retaliation Law: Should you Complain about Discrimination / Harassment...
Although there are some benefits to complaining about discrimination, harassment, retaliation, safety violations, etc., anonymously at workplace, whether internally or by contacting an outside...
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Tips for Complaining about Discrimination or Harassment to Your Manager and HR
It is important that you follow a three simple rules when complaining about discrimination, harassment or retaliation that you believe you or your co-workers are being subjected to: 1. Complain in...
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Keep Your Anger in Check When Complaining about Discrimination / Harassment
Anger rarely benefits anyone. No one likes angry people and no one wants to help them. Angry people rarely get large verdicts from a jury or a judge because it’s hard to be generous and understanding...
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Proving Workplace Retaliation through Employer’s Lies
One of the important elements of proving a retaliation claim in an wrongful termination case is showing that the employer’s given reasons for termination are either inconsistent or plaintly not true,...
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Not Renewing an Employment Contract is Not a Wrongful Termination
Recently, the Court of Appeal reiterated in Touchstone Television Productions v Superior Court (2012), that not renewing an employee’s contract cannot be considered a wrongful termination, because,...
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Anti-Retaliation Laws Protecting School Employees
California Education Code Sections 44113(a) and 44114(c) are part of the Reporting by School Employees of Improper Governmental Activities Act. It prohibits “an employee” from using his or her official...
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FMLA Anti-Retaliation Protection to California Employees
Besides providing for leave of absence for an employee’s serious medical condition or a close family member’s medical condition, FMLA (family medical leave act) makes it illegal for employers to...
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California Employment Law: Retaliation for Filing a Workers Compensation...
One of the more common types of unlawful retaliation at workplace is when the employer retaliates against an employee for filing a workers compensation claim. The most common reasons for this type of...
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Partners are Protected from Retaliation for Reporting Workplace Harassment or...
In Fitzemons v California Emergency Physicans Med. Grop 205e Cal.App. 4th 1423 (2012), the Appellate Court held that the anti-retaliation provisions of FEHA (Fair Employment and Housing Act) protect...
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Job Reassignment Can Be Considered Retaliation
As the Supreme Court recently pointed out, one good way to discourage an employee from bringing discrimination charges would be to insist that he spend more time performing the more arduous duties and...
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Complaining About Discrimination/Harassment on Facebook and Twitter
It is important to remember that the anti-retaliation provisions of Title VII and the similar California laws go far beyond protecting those employee who complain to the employer or a government agency...
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Bad Performance Review Can Be Evidence of Retaliation
In a recent case we handled, we made an argument that a bad performance review after complaining to management about discrimination is evidence of retaliation. We did not hope that this relatively...
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How Employers Retaliate After Firing You
There two main ways that an employer may retaliate against a terminated employee. The first one is challenging the terminated employee’s unemployment benefits application by trying to argue that the...
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Even When You Can’t Prove Harassment, You Might Still Prove Retaliation Claim
One of the advantages of a retaliation claim from an employee-plaintiff perspective is the fact that even if you can’t prove the underlying harassment or discrimination claim, you might still be able...
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Retaliation for Complaining about Clocking In and Pay Violations Is Ilegal
In 2011, the US Supreme Court held in Kasten v Saint-Gobain Performance Plastics Corporation (2011) that even oral complaints by employees about not being properly compensated constitute a protected...
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Bringing 132(a) Retaliation Claim and Wrongful Termination Case at the Same Time
Any employee who suffers discrimination or retaliation as a result of filing a workers compensation claim in California should remember that he generally may have an option of bringing two different...
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“Protected Activity” Within The Meaning of California Anti-Retaliation Laws
To prove a retaliation claim in an employment / wrongful termination claim, a claimant must show that he/she engaged in a “protected activity” under the law – i.e. that the employee reported or opposed...
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Retaliation Against Employees Participating in Discrimination / Harassment...
One of the more important cases discussing retaliation protection for employees and specfically what it means to engage in a “protected activity” is the US Supreme Court’s decision in Crawford v....
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California Workplace Anti-Retaliation Laws and “Protected” Activity
Filed under: Complaining about Discrimination/Harassment, Retaliation Complaints, Wrongful Termination
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When You Are Falsely Accused of Stealing / Fraud at Work
Here is one common mistake that an employees who is falsely accused of stealing or fraud or any other serious violation at work make – he gets angry and he confronts his manager. Sometimes this...
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