Retaliation

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Retaliation Attorney in San Jose, California

Retaliation is an all-too-common occurrence in California workplaces. If it has happened to you or someone you love, it’s a time-sensitive matter that should be addressed without hesitation. How soon you take legal action will affect your chances of winning a lawsuit against your employer.

If you think your boss or employer is retaliating against you, reach out to a retaliation attorney in San Jose, California. The attorney at Law Offices of Joel P. Waelty has earned a statewide reputation for his ability to fight for employees’ rights in discrimination and retaliation cases. Joel Waelty is dedicated to providing strategic and results-driven counsel to every client he represents. With offices in Morgan Hill and San Jose, California, the law firm also serves clients throughout Silicon Valley, as far south as Monterey and as far north as Oakland. Set up a consultation today.   

What Is Retaliation?

Retaliation occurs when an employer takes any adverse action (e.g., termination) against an employee for engaging in a legally protected activity. An adverse action can be taken either directly or indirectly (e.g., through a manager) for it to qualify as retaliation. 

For purposes of retaliation, protected activities include but are not limited to:

• Reporting illegal conduct in the workplace
• Reporting fraud
• Complaining about discrimination
• Filing a wage claim
• Filing a workers’ compensation claim
• Filing a safety complaint
• Reporting a suspected violation of a law or regulation
• Requesting accommodation for a disability
• Refusing to participate in the company’s unlawful activities

Each case is unique, which is why it’s important to consult with an attorney to determine whether or not your actions qualify as a “protected activity” under California’s retaliation law.

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Examples of Prohibited Retaliation in the Workplace

Retaliation can take the form of various detrimental actions that range in severity. Sometimes, retaliation is obvious. Other times, however, retaliation is more subtle. Common examples of prohibited retaliation in the workplace include:

• Being fired
• Being demoted
• Receiving an unsatisfactory job reference
• Being shut out of group meetings
• Getting switched to a less desirable shift
• Getting moved to a different location
• Being denied a promotion or raise
• Being excluded from programs
• Getting a negative performance review
• Getting an increase in workload
• Being forced to take time off

This is not a complete list of examples of retaliation. If you believe that you were retaliated against, do not hesitate to contact an employment law attorney who would conduct a prompt and thorough investigation and help you plan your next steps. 

Proving Retaliation

It can sometimes be difficult to prove that retaliation has occurred, even in cases where retaliation is obvious. In order to prove a claim for retaliation, an employer must show that:

1. They engaged in a protected activity (e.g., the employee filed a safety complaint);
   
2. They suffered an adverse action from the employer (e.g., they were demoted by their employer); 
   
3. Their engagement in the protected activity (e.g., filing a safety complaint) was a substantial motivating reason for the employer’s adverse action (e.g., demotion);
   
4. The employee suffered harm (e.g., decreased income and emotional distress); and
   
5. The adverse action (e.g., demotion) was a substantial factor in causing the employee harm. 

Once a claim for retaliation is filed, the employer has the burden of proof to show that they had a lawful, non-retaliatory reason for taking the adverse action against the employee. Get legal guidance from a skilled attorney to ensure that you gather all available evidence to prove that your employer retaliated against you. 

How a Retaliation Attorney Can Help

If you believe your employer has taken a retaliatory adverse employment action against you, seeking legal counsel from a retaliation attorney can help you prove your claim and obtain appropriate compensation. Law Offices of Joel P. Waelty handles retaliation cases for clients in San Jose and other parts of Silicon Valley. 

Joel Waelty can provide you with the guidance you need when filing a claim for retaliation and gathering evidence to prove that your employer retaliated against you. If you win your case, you are eligible to secure compensation for your economic and non-economic losses. Damages that may be available in a retaliation case include:

• Back pay
• Front pay
• Reinstatement to the job
• Emotional distress
• Punitive damages

Generally, punitive damages are not awarded unless there is clear and convincing evidence to prove that the employer engaged in fraud, oppression, or malice. With an attorney by your side, you can build a strong case to improve your chances of success. Suing your employer for retaliation is a stressful and anxiety-inducing experience, which is why having an attorney to act as your trusted counsel can make a major difference.

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