Workplace Retaliation
Northern California Employment Attorney
If you have faced illegal workplace retaliation, the Ruggles Law Firm is here to assist you. Find necessary information and work with Matt Ruggles to win your case.
Matthew j. Ruggles
30+ Years of Employment Litigation Experience
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Assistance to Fight Workplace Retaliation
Workplace retaliation is an unfortunate reality that affects employees across industries, undermining their well-being, productivity, and career growth.
Matt Ruggles has litigated scores of retaliation lawsuits from both sides – for decades as a defense attorney representing corporations at one of the largest law firms on Earth; and since 2016 representing employees who have been retaliated against by corporate employers. Matt Ruggles has also recovered millions of dollars from large and small corporations, partnerships, and limited liability companies and individuals that broke California law by illegally retaliating against their employees.
At the Ruggles Law Firm, the goal is to inform and empower employees with the information they need to recognize, address, and remedy workplace retaliation. If you need workplace retaliation assistance, work with Matt Ruggles today.
Understanding Workplace Retaliation
Workplace Retaliation Defined
California workplace retaliation refers to an employer taking an adverse employment action against an employee who has engaged in a protected activity. A protected activity encompasses actions such as reporting discrimination, harassment, or illegal activities in the workplace, participating in investigations, or exercising employment rights. An adverse employment action refers to actions by the employer that negatively impact the terms, conditions, or privileges of the employee’s job.
The crucial element in establishing workplace retaliation is demonstrating a factual connection between the employee’s engagement in the protected activity and the subsequent adverse employment action.
The timing of an adverse employment action can be a significant factor in cases of workplace retaliation. If the adverse action occurs shortly after the employee’s engagement in the protected activity, it can suggest a potential causal connection. While timing alone might not be conclusive evidence of retaliation, it can contribute to establishing a case.
Matt’s Further Legal Perspective:
Retaliation Claims Rooted in Direct Cause and Effect
Workplace retaliation is a nuanced aspect of employment law that operates as a distinct form of workplace discrimination. Unlike traditional forms of discrimination that target an individual based on protected characteristics such as race, gender, or age, retaliation focuses on whether the employer took an adverse employment action based on something the employee did or said, rather than their affiliation with a particular protected class or characteristic.
What sets workplace retaliation apart is that it hinges on the idea that an employee exercised their rights or raised concerns about unlawful conduct in the workplace. This might involve reporting workplace violations, participating in internal investigations, or asserting employment rights. The adverse employment actions that follow these protected activities are what characterize retaliation.
Interestingly, proving retaliation can, in some cases, be more straightforward than proving other forms of workplace discrimination. This is because retaliation is rooted in a direct cause-and-effect relationship: an employee engaged in a protected activity, and subsequently faced adverse consequences. This direct causal link can make it easier to establish a case of retaliation compared to the broader and sometimes more complex realm of proving traditional workplace discrimination, which involves demonstrating discriminatory intent and treatment based on protected characteristics.
Did I Suffer an Adverse Employment Action?
If you find yourself wondering whether you’ve been subjected to retaliation through adverse employment actions, it’s essential to recognize the various ways in which such actions can manifest. While certain adverse employment actions, such as termination, are overt and easily recognizable, others may be less apparent; read below to gain insight into the subtler forms these actions can take.
Termination of Employment: Direct dismissal from the job as a response to protected activities or assertions of rights.
Constructive Termination: Creating an unbearable work environment to force the employee to resign.
Differential Treatment: Treating the employee disparately in terms of assignments, promotions, or benefits after engaging in protected activities.
Sudden Work Changes: Abruptly altering the employee’s job responsibilities or workload negatively without valid reasons.
Exclusion from Meetings, Events, and Communications: Deliberately keeping the employee out of important workplace events and communications.
Shifting Explanations: Providing changing or contradictory reasons for disciplinary actions or negative performance evaluations.
Unwarranted Negative Performance Reviews: Issuing unjustifiably harsh performance evaluations to support future adverse actions.
Unexplained Increase in Write-ups: Suddenly increasing the frequency of issuing disciplinary write-ups without valid cause.
Unfair Compensation Changes: Arbitrarily reducing the employee’s pay or benefits after engaging in protected actions.
Unjustified Job Reassignment: Moving the employee to a less favorable position without a reasonable explanation.
Micromanagement and Surveillance: Intensifying scrutiny and monitoring of the employee’s work without valid justification.
Isolation and Ostracism: Purposefully isolating the employee from colleagues and social interactions.
Undesirable Work Schedule: Assigning the employee inconvenient or disruptive work hours without legitimate reasons.
Loss of Important Responsibilities: Stripping the employee of key job duties to undermine their professional growth.
Verbal Abuse and Hostile Behavior: Subjecting the employee to offensive language, insults, or intimidating behavior.
Increased Workload Without Recourse: Piling excessive tasks on the employee without providing additional resources or support.
Sabotage of Professional Relationships: Undermining the employee’s relationships with clients, colleagues, or superiors.
Was I Engaged in Protected
Activity?
Determining whether your actions are safeguarded by law from workplace retaliation can sometimes be complex. Generally, if your activities involve asserting your rights, reporting unlawful practices, or participating in legally recognized activities, you might be engaging in protected conduct. To gain a deeper understanding and ensure you’re well-informed, continue reading below for a comprehensive list of activities that enjoy legal protection against retaliation in the workplace.
Whistleblowing: Reporting criminal activity, fraud, or violations of the law to appropriate authorities.
Reporting Suspected Violations: Disclosing concerns about potential violations of any rule, regulation, or statute within the company.
Providing Information to Government: Furnishing information to government agencies related to legal violations or misconduct.
Opposing Discrimination or Harassment: Objecting to or participating in investigations of workplace discrimination or harassment including sexual harassment.
Requesting Reasonable Accommodation: Seeking adjustments for disabilities or religious beliefs to perform job duties effectively.
Participating in Legal Proceedings: Involvement in legal actions, such as providing testimony or information in court cases.
Pregnancy Disability Leave: Taking time off due to pregnancy-related conditions.
Domestic Violence Leave: Seeking assistance or protection related to domestic violence situations.
Voting Leave: Taking time off to vote in elections.
Complying with Health and Safety Regulations: Reporting safety violations or refusing to work under hazardous conditions.
Discussing Wages and Working Conditions: Engaging in conversations about wages, benefits, or working conditions with coworkers.
Filing Workers’ Compensation Claims: Pursuing workers’ compensation benefits after a workplace injury.
Addressing Privacy Violations: Reporting the mishandling of sensitive employee information.
Retaliation Complaints: Lodging formal complaints about retaliation experienced within the workplace.
Reporting Environmental Violations: Disclosing violations of environmental laws or regulations.
Laws Protecting California Employees from Workplace Retaliation
1. Labor Code Section 1101: This section prohibits employers from making or enforcing any rule, regulation, or policy that prevents employees from engaging in political activities or affiliations of their choice. It protects an employee’s right to participate in political activities without fear of retaliation or adverse employment actions from their employer.
2. California Labor Code Section 1102: This section safeguards employees from coercion or influence by their employers with regard to the employees’ political activities. It explicitly prohibits employers from attempting to manipulate employees through threats of discharge or other adverse employment consequences to control their political actions or affiliations. Additionally, this section ensures that employees are not subjected to fear of retaliation for choosing to refrain from adopting or following any political action or activity. It establishes a broad protection for employees to freely exercise their rights regarding political engagement, whether they choose to participate actively or abstain from such activities.
3. California Labor Code 1102.5: This law safeguards employees who disclose information about potentially illegal or unethical activities in the workplace. It prohibits retaliation against employees who blow the whistle on employer violations of state or federal laws, rules, or regulations. Employers are prohibited from taking adverse actions against employees who report such violations, providing protection for those who act in the public interest by exposing misconduct.
4. California Labor Code 6310: This law protects employees who report unsafe working conditions or safety violations in the workplace. It prohibits employers from retaliating against employees who raise concerns about workplace safety hazards or who participate in inspections, investigations, or legal proceedings related to workplace safety.
5. California Fair Employment and Housing Act (FEHA): FEHA is a comprehensive anti-discrimination law that includes provisions against retaliation. It prohibits employers from retaliating against employees who assert their rights under the law, including filing complaints or participating in investigations related to discrimination, harassment, or other unlawful employment practices based on protected characteristics such as race, gender, disability, and more.
How Should I Respond to Workplace Retaliation?
An employee who makes a workplace retaliation claim while still employed holds a position of significant strength and protection. By raising the complaint while remaining with the company, the employee safeguards themselves against unjust termination and invokes the shield of anti-retaliation laws.
If an employee believes they have experienced illegal retaliation in the workplace, it is important to take the following steps:
1. Stay Calm and Document Everything: Maintain your composure and start documenting the details of the alleged retaliation. Note dates, times, locations, individuals involved, and any communications that you believe demonstrate a link between your protected activity and the adverse action.
2. Review Company Policies: Familiarize yourself with your company’s policies and procedures for reporting workplace issues, including retaliation. Follow any established channels for addressing concerns, which may involve speaking to your supervisor, HR department, or designated complaint hotline.
3. Use Internal Reporting Channels: If your company has internal complaint mechanisms, use them to report the alleged retaliation. Follow the established procedures and keep records of all communications related to your report.
4. Consult Legal Counsel: Consider seeking advice from an experienced employment attorney who specializes in workplace retaliation cases. They can provide insights into your rights, guide you on how to document the situation effectively, and help you decide on the best course of action.
Matt’s Further Legal Perspective:
Making a Complaint at Work
Understand that NOT complaining and following an available complaint procedure can adversely affect your credibility if you pursue formal legal action (a lawsuit) because the employer will assert an “affirmative defense” that you didn’t use the internal process, and had you done so, the company would have investigated and remediated the problem, therefore your damages are limited.
Simply put, you cannot keep your complaints secret and then spring the complaints on the employer AFTER you get terminated (or five minutes before your termination meeting). An employee is expected to act in “good faith,” meaning the employee acts like s/he honestly hopes that the employer’s internal complaint procedure will work and does not take any action to inhibit, delay or improperly affect that decision-making process. Keeping your complaint secret is not consistent with a good faith course of conduct, unless there is some other threat inhibiting internal complaints.
Scenarios
Requiring Notice to Your Employer:
Internal Complaint Process:
Most employers have established an internal complaint process to address workplace issues, including retaliation. If you experience retaliation, it is crucial to follow your company’s established procedure by reporting the incident to your immediate supervisor, human resources department, or another designated authority. Providing timely notice allows the employer to investigate the matter and take corrective action.
Hostile Work Environment:
If the retaliation you experience creates a hostile work environment, you should notify your employer promptly. A hostile work environment is one where offensive behavior is so pervasive and severe that it negatively affects your ability to perform your job duties. By notifying your employer, you give them an opportunity to take remedial action and prevent further harm.
Third-Party Retaliation:
If the retaliation is perpetrated by a client, customer, or vendor, you should notify your employer about the situation. Employers have a duty to protect their employees from harassment and retaliation, even if it originates from external parties related to their business operations.
Retaliation Concerns:
If you fear retaliation from your employer for reporting harassment, you should still notify them and document the complaint. California law prohibits employers from retaliating against employees who make good-faith complaints regarding workplace conditions. If retaliation does occur, it can be the basis for another legal claim.
Scenarios Where Notice to Your Employer May Not Be Required:
Personal Resolution:
In cases of relatively minor incidents or misunderstandings that do not create a hostile work environment, you may choose to address the situation directly with the harasser. Sometimes, a simple conversation can resolve the issue without involving the employer.
Imminent Danger:
If you face an immediate threat of harm or danger, your first priority should be to ensure your safety. In such situations, consider reporting the retaliation to law enforcement or relevant authorities before notifying your employer.
Retaliation by Employer or Supervisor:
If the retaliation is perpetrated by your direct supervisor, you may not feel comfortable reporting the incident within the company’s internal complaint process. In such cases, you have the option to file a complaint directly with the California Civil Rights Department (CRD) or seek legal counsel to explore your options.
- Maintain a Professional Demeanor: While facing retaliation can be emotionally challenging, try to maintain a professional demeanor at work. Avoid engaging in confrontations or retaliatory behavior yourself, as this could complicate the situation.
- Keep Communication Records: If you need to communicate with your supervisor, HR, or any other relevant parties, do so in writing whenever possible. This creates a record of your efforts to address the issue.
- Follow Up: If you’ve reported the retaliation and haven’t seen a satisfactory response or resolution, follow up with the appropriate parties to inquire about the status of your complaint.
- Consult with an Employment Attorney: Consider seeking advice from an experienced employment attorney who specializes in workplace retaliation cases. The Ruggles Law Firm can assess the merits of your case, explain your legal rights, and guide you through the process.
In California, Matt recommends that employees that have experienced workplace retaliation file a complaint with the California Civil Rights Department, not the EEOC, because the remedies and damages available under California state law (the FEHA) are broader than the remedies and damages available under Title VII, the federal Civil Rights Act.
- Explore Mediation or Settlement: In some cases, mediation or settlement discussions may be offered as a means of resolving the dispute at the administrative agency level (i.e. after you file and administrative charge with the CRD or EEOC, but before you file a lawsuit in court). Consult with your attorney to determine if this is a viable option and to ensure your rights are protected during the negotiation process.
- Consider Legal Action: If efforts to resolve the matter through internal channels or agency investigations do not result in a satisfactory resolution, consult with your attorney about the possibility of pursuing a lawsuit to protect your rights and seek appropriate remedies.
What DOES NOT Qualify as Workplace Retaliation
Not all negative actions taken by employers in response to employee behavior or performance qualify as workplace retaliation under California law. To provide clarity, here are scenarios that generally do not meet the criteria for workplace retaliation:
1. Legitimate Performance Management:
Employers have the right to address legitimate performance issues and provide constructive feedback to employees. If an adverse employment action, such as a demotion or termination, is based on documented and consistent performance-related concerns that were communicated to the employee, it may not necessarily qualify as retaliation.
2. Routine Work Changes:
Employers can make routine changes to job duties, work schedules, or responsibilities for legitimate business reasons. If such changes are implemented without a connection to an employee’s protected activity and are consistent with other employees’ treatment, they might not be considered retaliation.
3. Business Decisions:
Decisions made for valid business reasons, such as restructuring, downsizing, or changes in company direction, may impact individual employees. If an adverse action is part of a broader business decision that doesn’t appear to target an employee’s protected activity, it may not meet the criteria for retaliation.
4. Non-Discriminatory Actions
If an adverse action is taken against an employee for reasons unrelated to a protected activity, such as attendance issues, insubordination, or violation of company policies, it may not qualify as retaliation if the employer can demonstrate that the action was not motivated by retaliation.
5. Personnel Decisions Before Protected Activity
If an adverse action is taken against an employee for reasons unrelated to a protected activity, such as attendance issues, insubordination, or violation of company policies, it may not qualify as retaliation if the employer can demonstrate that the action was not motivated by retaliation.
6. Constructive Criticism:
Offering constructive criticism, providing negative feedback, or suggesting areas for improvement are part of regular performance management. If such feedback is provided in good faith and is not a disproportionate response to the employee’s protected activity, it may not be seen as retaliation.
7. Personality Conflicts:
Personality conflicts or interpersonal disagreements among employees or between employees and supervisors are not always indicative of retaliation, unless there is clear evidence that the adverse action was motivated by the employee’s protected activity.
8. Minor Changes in Work Conditions:
Trivial changes in work conditions that do not significantly impact the employee’s job status, responsibilities, or well-being might not qualify as retaliation. For example, minor schedule adjustments or routine changes to tasks might not meet the threshold for retaliation.
9. Isolated Incidents
Isolated or occasional negative actions that are not part of a pattern and do not significantly alter the terms and conditions of employment might not rise to the level of workplace retaliation.
What makes your California Workplace Retaliation Case STRONG
A strong California workplace retaliation claim is characterized by several key factors that collectively strengthen the employee’s case and increase the likelihood of a successful outcome. Here are the elements that contribute to the strength of such a claim:
Clear Protected Activity:
The claim should involve a clear, identifiable and documented protected activity, such as reporting unlawful conduct, requesting accommodations, or asserting rights under anti-discrimination laws. The more explicit and well-documented the protected activity, the stronger the claim becomes.
Causation:
Demonstrating a direct link between the protected activity and the adverse employment action is crucial. Strong evidence, such as an email between the decision makers that directly references the protected activity and the termination, can show that the employer’s actions were motivated by the employee’s protected conduct. Timing alone is not sufficient evidence.
Adverse Employment Action:
The adverse action taken by the employer should be significant and materially negative, such as demotion, termination, loss of benefits, or hostile changes in work conditions. A substantial adverse action underscores the seriousness of the retaliation and strengthens the claim.
Documented Evidence:
Strong claims include thorough documentation, such as emails, memos, performance reviews, or witness statements, that supports the employee’s allegations. Documented evidence can corroborate the timeline, the nature of the protected activity, and the subsequent adverse action.
Consistent Treatment:
If the employee can demonstrate that they were treated differently from their peers or that the adverse action was inconsistent with past treatment, it bolsters the argument that retaliation was a motivating factor.
Prior Positive Performance:
A history of positive performance evaluations or consistent job performance before the protected activity can underscore that the negative action was a response to the protected conduct and not due to job performance issues.
Witnesses:
Colleagues who can attest to the employee’s protected activity, any retaliation they observed, and any shifts in behavior or treatment can provide crucial corroboration.
Expert Legal Counsel:
Seeking advice and representation from experienced employment attorneys is invaluable. They can help navigate the complex legal landscape, gather evidence, and build a compelling case that maximizes the chances of success.
What makes your California Workplace Retaliation Case
WEAK
A weak California workplace retaliation claim lacks the necessary elements to establish a clear connection between the adverse employment action and the protected activity. Here are factors that can weaken a workplace retaliation claim:
Lack of Clear Protected Activity:
If the alleged protected activity is vague, not well-documented, or doesn’t fall within recognized protected categories (such as whistleblowing, asserting rights under anti-discrimination laws, requesting accommodations, or taking protected leave), it becomes challenging to establish a foundation for the claim.
Absence of Causation:
Demonstrating a direct causal link between the protected activity and the adverse action is critical. Without a clear connection, it’s difficult to prove that the employer’s actions were retaliatory rather than coincidental or based on other legitimate reasons.
Weak Evidence:
Insufficient or inconsistent documentation, lack of witnesses, or unclear communications can weaken the claim’s credibility. Strong evidence is needed to establish the timeline, the nature of the protected activity, and the employer’s response.
- Maintain a Professional Demeanor: While facing retaliation can be emotionally challenging, try to maintain a professional demeanor at work. Avoid engaging in confrontations or retaliatory behavior yourself, as this could complicate the situation.
- Keep Communication Records: If you need to communicate with your supervisor, HR, or any other relevant parties, do so in writing whenever possible. This creates a record of your efforts to address the issue.
- Follow Up: If you’ve reported the retaliation and haven’t seen a satisfactory response or resolution, follow up with the appropriate parties to inquire about the status of your complaint.
- Consult with an Employment Attorney: Consider seeking advice from an experienced employment attorney who specializes in workplace retaliation cases. The Ruggles Law Firm can assess the merits of your case, explain your legal rights, and guide you through the process.
In California, Matt recommends that employees that have experienced workplace retaliation file a complaint with the California Department of Civil Rights, not the EEOC, because the remedies and damages available under California state law (the FEHA) are broader than the remedies and damages available under Title VII, the federal Civil Rights Act.
- Explore Mediation or Settlement: In some cases, mediation or settlement discussions may be offered as a means of resolving the dispute at the administrative agency level (i.e. after you file and administrative charge with the CRD or EEOC, but before you file a lawsuit in court). Consult with your attorney to determine if this is a viable option and to ensure your rights are protected during the negotiation process.
- Consider Legal Action: If efforts to resolve the matter through internal channels or agency investigations do not result in a satisfactory resolution, consult with your attorney about the possibility of pursuing a lawsuit to protect your rights and seek appropriate remedies.
Ambiguous Adverse Action:
If the alleged adverse employment action is not significant or material, it may not meet the legal threshold for retaliation. Trivial changes in work conditions or minor incidents might not be sufficient to support a strong claim.
Legitimate Business Reasons:
If the employer can provide legitimate and documented business reasons for the adverse action, such as performance issues or restructuring, it may weaken the claim’s argument that the action was retaliatory.
Lack of Witness Corroboration:
Witnesses who can attest to the protected activity, the subsequent adverse action, and any change in behavior or treatment can bolster the claim’s credibility. Without corroborating witnesses, the claim’s strength may diminish.
Timing Alone:
While close temporal proximity between the protected activity and the adverse action can suggest retaliation, it’s not conclusive evidence on its own. Other factors must support the claim to establish a causal connection.
Prior Performance Issues:
If the employee had a documented history of poor performance or misconduct before the protected activity, the employer may argue that the adverse action was not due to retaliation but rather a continuation of ongoing issues.
Inconsistent Statements:
Any inconsistencies in the employee’s statements or documentation can weaken the claim’s credibility. Consistency is important to maintain the integrity of the claim.
No Retaliatory Pattern:
A single adverse action might not be sufficient to establish a pattern of retaliation. Multiple instances of adverse actions connected to the same protected activity strengthen the argument for retaliation.
Failure to Exhaust Internal Processes:
Failing to utilize internal complaint processes or not notifying the appropriate channels about the retaliation in a timely manner could weaken the claim.
How to Prove and Win Your California Workplace Retaliation Lawsuit
Gather Retaliation Evidence:
You will need to gather evidence to support your claim. This may include documents, emails, witness statements, and any other evidence that supports your case.
Evidence should be printed out. Do not write on, alter, or change any of your documents. Do not make any marks or changes to the documents. Changing or marking a document will raise suspicion that the documents are fake because the documents were altered. In California, copies are acceptable and generally admissible if the original document is no longer available.
CAUTION: It is important to note that taking company property without permission is illegal in California. Such actions are considered theft and can result in serious consequences, including criminal charges and civil liability. Employees should always follow proper procedures and seek authorization before taking any company property, including equipment, supplies, confidential business information or trade secrets. Oftentimes, an employee that has a valid claim for workplace retaliation inadvertently can self-sabotage the claim by improperly taking employer records or documents prior to getting fired. Doing so will give the employer the “after acquired evidence” defense which states that the employer learned of misconduct after your termination (improper removal of employer records or document) that if it had been known prior to termination, the employee would have been terminated for that reason independent of the stated reason for termination.
Successful application of the “after acquired evidence” defense can severely limit the amount of money you may be able to recover in the lawsuit. See McKennon v. Nashville Banner Publishing Co., 513 U.S. 352 (1995).
Create a Timeline:
A timeline will help to tell the story of your employment and create a clear picture of what happened. It will also help you communicate better the details of your claim with your attorney.
The BEGINNING of the timeline is the date you started working for your employer. The END of the timeline is the last retaliatory event which is typically termination. Include the following:
- Periodic increases in compensation (raises).
- Annual Job Performance scores, ratings or evaluations.
- Job Titles for each position held, including dates in that position.
- Names of your direct supervisors in each position held at the employer.
- Internal complaints, including dates, subject matter and dates of responses.
- Written Discipline issued by the Employer.
- Evidence of any warning, written or verbal, whether formal or informal.
Obtain Personnel File and Payroll Records:
You are entitled to receive a copy of your personnel file and payroll records from your employer for up to 3 years after you separate from employment. In most cases, your attorney should do this at the outset of the case before you file a lawsuit. See California Labor Code sections 226 and 1198.5.
Create a Cast of Characters:
This is a list of people centered around you at your workplace.
Include your supervisor (name and title) and everyone upward in the chain of command that you interacted with during your workday. If you have subordinate employees, include their names and positions as well. Additionally, it is important to list the Human Resources staff and the names of the people who were involved in the retaliatory actions. Often, it is difficult to determine exactly who was involved; starting the list is always helpful.
Medical Records:
Obtain all records related to any medical issues, injuries, or treatments for any physical or emotional injury you attribute to the workplace retaliation.
Document Post Termination Job Search (if applicable):
It is likely that your former employer will attempt to make the case that you should have been able to find comparable employment once you were terminated, and therefore your lost wages should be limited to a short period of time following your termination. It will help your case if you can document that you made a timely and thorough effort to find a similar job.
As a plaintiff in a workplace retaliation or wrongful termination lawsuit, you have a responsibility to mitigate your own damages by seeking comparable employment. Save your emails and make notes of any time spent interviewing or searching for a new job. You may be required to give the reason you declined any job offer.
How Long Do I Have to File a Lawsuit for California Workplace Retaliation?
If you believe that your employment rights have been violated, it’s important not to wait to file a lawsuit. There are several reasons for this.
First, there are legal deadlines, known as statutes of limitations, that limit the amount of time you have to file a claim after the date you were terminated. If you wait too long, you may lose the ability to pursue legal action altogether.
The statute of limitations for a claim for workplace retaliation in Violation of Public Policy, as discussed above, is two (2) years in California. See California Code of Civil Procedure section 335.1.
A claim for breach of contract has a two (2) year limitation period if the contract is oral; a claim for breach of contract based upon a written contract has a four (4) year statute of limitations.
A claim for discrimination, harassment or retaliation under the California Fair Employment and Housing Act has a two-part statute of limitations: a terminated employee must first obtain a “Right to Sue” letter from the California Civil Rights Department (formerly the DFEH) within three (3) years of the adverse employment action (i.e. termination, demotion, harassing conduct, etc.); the employee has one (1) year to file a civil lawsuit in court from the date of the Right to Sue letter.
Second, waiting can give the employer time to destroy, discard or delete important evidence such as emails, text messages and other written or electronic documents, making it more difficult to prove your case.
Third, the longer you wait, the harder it may be to remember important details and find witnesses who can support your claim.
Finally,the emotional toll of workplace discrimination or harassment can take a significant toll on your well-being, and taking action sooner rather than later can help you start to move on and regain control of your life.
In short, if you believe your employment rights have been violated, it’s important to consult with an experienced employment attorney as soon as possible to discuss your options and protect your rights.
Contact The Ruggles Law Firm and get the process started with your free confidential consultation.
Recoverable Damages from a Workplace Retaliation Lawsuit
In California, the damages that may be recovered in a successful workplace retaliation lawsuit can vary depending on the circumstances of the case. Generally, an employee who has been illegally retaliated against at work may be entitled to recover the following types of damages:
Lost Wages and Benefits:
These include any income the employee lost as a result of the retaliation, as well as the value of any benefits, such as health insurance, that were lost. In most cases, this will be the most significant component for recoverable damages.
There are several factors that can increase or decrease the claim for lost wages in a California lawsuit, including:
Length of absence from work
The longer a person is unable to work due to their injuries, the greater their lost wages will be.
Nature of the injuries: If the injuries sustained by the plaintiff are severe, they may require more time off work or even prevent them from returning to work altogether.
Fringe benefits and perks
The plaintiff’s fringe benefits and perks, such as health insurance, retirement benefits, and bonuses, will also be considered when calculating lost wages.
Overtime and bonuses: If the plaintiff regularly worked overtime or received bonuses, their lost wages will be higher.
Future earning potential: If the plaintiff’s injuries will impact their future earning potential, such as preventing them from pursuing a promotion or earning a higher salary, their lost wages will be higher
Age and occupation of the plaintiff
If the plaintiff is young and has a long career ahead of them, their lost wages will be higher than if they are close to retirement age. Similarly, if the plaintiff has a high-paying job, their lost wages will be higher than if they have a lower-paying job.
Mitigation (i.e. your responsibility to find new comparable work) will be a major factor limiting damages for the young person, but less important for an older person close to retirement because it’s reasonable to assume the young person can get a new job but a 60 year old is facing a much tougher market.
Emotional Distress
If the harrassment caused the employee significant emotional distress, they may be entitled to recover damages for the resulting pain and suffering. There are two primary types of emotional distress: garden variety vs. non-garden variety.
Garden variety distress
Garden variety distress: peaks at or immediately after the time of your termination and gets better in a matter of days or weeks.
Non-garden variety distress
Non-garden variety distress: this type goes up over time and does not get better. For instance, you are losing weight and may need counseling or hospitalization. This type is more unusual and will require extensive work to prove.
Other Damages
Attorneys' fees and costs
If the employee prevails in the lawsuit, they may also be entitled to recover their attorneys’ fees and other costs associated with the litigation.
Punitive damages
In cases where the employer’s conduct was particularly egregious, the employee may be entitled to recover punitive damages, which are intended to punish the employer and deter similar conduct in the future.
California Civil Code Section 3294 outlines the conditions for awarding punitive damages in a civil lawsuit, which can be granted when the defendant’s conduct was willful, intentional, or malicious and caused harm to the plaintiff.
In addition, the law allows for punitive damages to be awarded when the wrongful conduct was carried out by a managing agent, acting within the scope of their employment, which means the company or employer may also be held liable. A managing agent is defined as someone who exercises substantial control over the defendant’s business operations or has a significant role in managing the defendant’s affairs.
The amount of punitive damages awarded is typically limited to a multiple of the actual damages suffered by the plaintiff.
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