Coming out and filing an employment law claim is scary because you might face retaliation from your employer. But if you’re reading this, that’s exactly what’s happened. If your employer has retaliated against you, you need to retain an experienced San Francisco employment attorney at Geonetta & Frucht, LLP.
Your employer isn’t allowed to take any negative action against you for engaging in a legally protected activity such as reporting harassment or discrimination. A skilled employment retaliation attorney can protect your rights and fight compassionately for your best interests.
How Do I Get Started with My Employer Retaliation Case?
If you’re right at the beginning, without any idea of what to do next, you should turn to retaliation attorneys in California for help. The first thing an experienced attorney will do is identify the retaliation action your employer took. After that, it would be to build a case against the employer.
If you’ve read this, take the bold step of contacting a San Francisco employer retaliation attorney right away. You will receive a personalized plan to fight retaliation.
What Are Some Examples of Retaliation in The Workplace?
Retaliation takes many forms. Different employers use different retaliation tactics. But a common retaliation type we usually see is an employee getting fired for bringing forward a complaint.
Other common types of retaliation tactics include:
- Pay cuts
- Undesirable job reference
- Unnecessary relocation
- Punitive change of shift schedules
- Negative performance reviews in the absence of any job-related performance issues
- Wrongful demotions
- Verbal or physical threats
- Denying benefits
- Refusing to hire
- Unacceptable working conditions
- Exclusion from meetings
- Too much disciplinary action
- Lack of pay rise
- Being passed over for promotions
Regardless of the type of retaliation you’re facing, we are ready to represent you and fight for you. Get in touch with us to speak to an employer retaliation attorney in San Francisco and Oakland, and we’ll answer all your questions.
Both California and the federal law protect employees against such kinds of actions. These laws protect the complainant and anyone who participated in any of the investigations, e.g., an employee who was interviewed regarding a discrimination complaint at the workplace.
How Long Do I Have to File a California Retaliation Claim?
Time can be a challenge in some of these cases. So our advice is that anyone who thinks they may have a retaliation case to find and talk to Bay Area employment attorneys immediately to get the filing process started.
If you have a retaliation claim involving a violation of state and federal law or discrimination, you must file it within six months after the action occurred. Because of many exceptions, talk to a San Francisco employer retaliation attorney for personalized advice.
A retaliation that happened due to complaints that involved an employee taking time off of work due to being a victim of domestic violence, sexual assault, or stalking should be filed within one year after the alleged retaliation.
Employer retaliation involving violation of equal pay rights should be filed two years from the alleged retaliation.
Employer retaliation based on reporting of health and safety code violations should be filed within 90 days from the alleged retaliation.
How Can an Attorney Help Me Prove Workplace Retaliation?
Proving retaliation in your workplace can sometimes be challenging. But you must prove the following elements:
- You engaged in protected activity
- You witnessed or experienced unlawful discrimination or harassment
- Your employer or supervisor subjected you to adverse employment action which was aimed at retaliation
- You suffered some form of damage due to these actions
The critical bit is finding the correlation between your employer’s actions and the protected activity you were engaged in. For this, you will need good record keeping and finding a qualified employment retaliation attorney in Alameda County. An attorney can also help you gather the required evidence that will support your claim.
What Type of Evidence Will an Attorney Ask for?
Evidence is vital in search cases whether you already have an employment lawyer in California or not. Here’s a list of evidence that will be key in your claim:
- Text messages
- Call logs
- Witness testimony
- Voice mails
- Personal notes
- Contemporaneous journal entries
You shouldn’t take any audio or video recordings before first talking to a San Francisco employer retaliation attorney. The reason is California requires all parties to consent to such recordings, or it will be inadmissible in court if it violates this rule.
How Can an Employment Attorney Help a San Francisco Retaliation Claim?
Retaliation cases can become extremely complicated as it sometimes comes down to “she said, he said” kind of scenarios. An employment attorney in San Francisco will help you to:
- Conduct an investigation into your claim
- Help you collect and gather any helpful evidence to substantiate your claim
- Collect statements from supervisors and coworkers
- Seek any history of retaliation from your employer
- Help you calculate your losses with the help of financial experts
- Negotiate for a fair settlement
- Prepare the case if it ends up trial
Should I Consult a California Employment Retaliation Lawyer?
If you believe you’ve been a victim of employer retaliation in the San Francisco Bay Area, talk to a lawyer. You may be entitled to recover:
- Front pay
- Back pay
- Punitive damages
- Emotional distress damages
California Attorneys Helping You Secure Your Future
Many employees in California’s Bay Area have either been fired or earned less money due to retaliation tactics by their employers. Because many employees don’t take any legal action, this behavior continues to happen in many workplaces. You should protect your rights with the help of an employment attorney in San Francisco.
At Geonetta & Frucht, LLP, we are ready to pursue legal action against a retaliating employer. We also have the power and resources to fight back against unfair workplace practices like discrimination. Talk to us to adequately explore and understand your legal options across northern California.