If you have decided to file a claim for any illegal behavior or activity committed by your employer, he or she does not have the right to take action against you, thanks to a law that protects workers from illegal retaliation.
Retaliation refers to actions an employer takes against a worker who decided to raise his/her voice to enforce his/her rights as an employee. These negative actions can appear in the form of unjustified dismissals, reduction of salary or position, denial of promotions, among others, and are the result of you filing a complaint or claim for having noticed illegal activities in the company for which you work. Some examples of unlawful activities could be poor working conditions, payments that represent less than the minimum wage, unpaid overtime, denying the payment of compensation, etc.
California law prohibits employers from taking these types of actions that affect the work of their employees. In the same way, any kind of psychological abuse against them will be illegal, such as discriminatory behaviors, threats, or mistreatment.
When you find yourself in situations like this, you should obtain evidence to show the authorities that the retaliation is directly linked to you filing the claim. In this way, you must collect documents such as proof that you filed a claim, that your employer took action against you after filing the claim and that there is a link between the two activities, such as matching dates, documents, among others.
If you meet these requirements, your lawyer will have enough tools to obtain compensation for the losses you have suffered due to this retaliation. You may even be able to regain the position you held with the benefits you had before your employer took action against you if your employer unjustifiably fired you. It is also possible to get back the wages you lost during the period of time you were unemployed.
If you need legal support, contact the Lara & Luna team, we are here to help you.