What if I am concerned about retaliation from my employer? (2024)

FAQs

What if I am concerned about retaliation from my employer? ›

The law protects you, regardless of immigration status, against these acts of retaliation. If you believe your employer has retaliated against you, you can file a retaliation complaint with the Labor Commissioner's Office.

Even absent suspicious timing, other relevant facts may include verbal or written statements; comparative evidence that a similarly situated employee was treated differently; falsity of the employer's proffered reason for the adverse action; or any other evidence from which an inference of retaliatory intent might be ...

The more documentation you have, the stronger your claim will be. One of the most powerful forms of evidence in a retaliation case is witness statements. If colleagues or coworkers witnessed the retaliatory behavior or heard your employer make threatening comments, their testimony can be invaluable.

Winning a retaliation case can be daunting, but it is possible when you have strong evidence on your side. Your case is only as strong as the evidence you have. In other words, you need to substantiate your claim with facts and evidence.

reprimand the employee or give a performance evaluation that is lower than it should be; transfer the employee to a less desirable position; engage in verbal or physical abuse; threaten to make, or actually make reports to authorities (such as reporting immigration status or contacting the police);

This could include written documentation of adverse actions, changes in job responsibilities, negative performance evaluations, or any other tangible proof of retaliation. Records of communication, especially emails that discuss or allude to the alleged retaliation can provide a clear trail of events and motivations.

Short answer: According to Expertise.com, most hostile work environment settlements are roughly $50,000. Settlements can also be six and seven figures in more severe cases.

Retaliation claims are not rare in California. They are relatively common, as employees in California are protected by strong labor laws that prohibit retaliation for engaging in protected activities such as reporting workplace violations, discrimination, harassment, or participating in legal proceedings.

What to ask for in a retaliation settlement? ›

Employees who have experienced retaliation often ask for an award of "pain and suffering," which includes the negative emotions (including anger, embarrassment, frustration, and the like), reputational harm, and other negative consequences you've experienced as a result of the retaliation.

Retaliation charges are taken very seriously because it is often hard for employees to exert their rights in the first place. If they see coworkers being punished for doing so, it can deter others from engaging in activities the laws are designed to protect.

Despite any wage loss, a claimant may be entitled to compensatory damages the retaliation caused (within federal limits), including pain and suffering, emotional distress, harm to reputation, medical bills, job search costs, and other out-of-pocket expenses.

Isolation or the silent treatment might be a subtle sign of retaliation. Maybe the management has badmouthed you to your colleagues, or your supervisor has decided to squeeze you out of the company via isolation. The silent treatment can take various forms.

Other overt examples of retaliation by a manager also affect your job, although not as drastically as being fired. You can be demoted from your present position to a less desirable one for dubious reasons. Similarly, your employer might pass you over for a promotion and give the position to another employee.

Here is an example of illegal workplace retaliation: Charlie complains to his foreman about graffiti in the workplace that he believes is derogatory toward women. Charlie asks that the graffiti be removed because several women have told Charlie they are offended by it.

You should be suspicious if your employer, supervisor, or colleagues suddenly ignore you after a complaint. Isolation or the silent treatment might be a subtle sign of retaliation. Maybe the management has badmouthed you to your colleagues, or your supervisor has decided to squeeze you out of the company via isolation.