Employment and Workplace Retaliation Attorneys in Fresno
Fresno Firm Focused on Employment Retaliation Claims
In many cases, retaliation is the leading concern by employees who try to put a stop to illegal corporate conduct or to get retribution for their suffering in the workplace. Employees fear the loss of their livelihood and position even though they know that the company has committed violations of law. Accordingly, in California, there are many laws that protect employees by deterring and prohibiting employers from adverse treatment against their employees when the employees file a report of unlawful activity, submit a charge to a state agency, or file for workers compensation. Keep in mind that if you are a victim of employer retaliation, it makes no difference whether the original claim (discrimination, harassment violation of law) is valid since retaliation claims stand on their own.
Fresno Workplace Retaliation Lawyers
Our entire law firm focuses on employment law, and we only represent employees. Within employment law, retaliation stands as one of the most commonly brought claims since it typically occurs alongside discrimination or harassment. Therefore, if you reported your employer for unlawful conduct, whether the report went to a supervisor, government agency, or anywhere else, and you then faced negative workplace actions, you suffered retaliation. Our dedicated employment retaliation lawyers will guide you on the actions you need to take to protect your rights and obtain the proper monetary compensation, restore your previous position, and even receive punitive damages.
It is unlawful for companies to make employment-related actions as result of employees lawfully reporting violations, discrimination, harassment, fraud, labor code violations, or health and safety violations. Stephen Danz & Associates are industry-leading attorneys, recognized as Super Lawyers by trade groups, and are completely dedicated to represent victim employees. Call us for a free, no obligation consultation at 877-789-9707 or complete the online form, and our office will schedule your consultation with one of our attorneys to evaluate the facts of your case.
What Laws Protect Against Employer Retaliation
Many California and federal laws that protect worker rights in the workplace also have anti-retaliation provisions. Retaliation is most commonly defined as any negative employment action taken against applicant or employee after he or she exercised a right under the law to file report, report a complaint, voice a concern about financial wrongdoing, seek pay owed for workers compensation, or other rights under law. These laws include:
- California’s Fair Employment and Housing Act (“FEHA”)
- Title VII of the Civil Rights Act of 1964 (“Title VII”)
- The Age Discrimination in Employment Act (“ADEA”)
- Americans with Disabilities Act (“ADA”)
- Fair Labor Standards Act (“FLSA”)
- Whistleblower Protection Act
- Family and Medical Leave Act (“FMLA”) and California’s Family Rights Act (“CFRA”)
- False Claims Act (both California and Federal)
What is “Adverse” or “Negative” Employment Action
The laws mentioned above have provisions that prohibit “negative employment action,” a “negative employment decision” or a “materially adverse action” following the employee’s reporting the employer’s unlawful conduct. A company’s negative or adverse employment actions may take many forms. They may be obvious or non-obvious and include termination, discharge, suspension, none-promotion, demotion or giving the employee less work or fewer responsibilities. Often constructive discharge occurs when an employee can no longer bear the hostile work environment allowed by the employer. If this happens to you, please contact our office before quitting since that creates an added layer of difficulty in these types of cases.
What is Good Faith Belief of an Employer’s Wrongdoing
Laws that prohibit employer retaliation essentially safeguard employee complaints made based on “good faith” or with a “reasonable belief” of wrongdoing. This protection is drafted to enable individuals to complain with the honest belief that a wrong has occurred, even if the employees cannot substantiate it or if they are themselves incorrect in their belief. Courts look at each case based on a “reasonableness” standard. Therefore, it is possible for an individual to have a viable claim for retaliation even if he or she does not have a valid claim for discrimination, harassment, or any other illegal activity. Consequently, retaliation claims may stand on their own.
Fresno Attorneys for Workplace Retaliation
If you are victim of negative employment actions based on engaging in legally protected activity, you may have a claim for retaliation. Stephen Danz & Associates represents workers and employees exclusively in the Fresno area and retaliation actions are some of our most common types of claims. If you believe that you’ve been retaliated against, call us at 877-789-9707 to schedule a complimentary consultation with one of our experienced attorneys.
We are one of the largest firms to specialize in employment litigation surrounding workplace retaliation. Retaliation in the workplace takes place when an employee submits a report or claim of discrimination, harassment, or employer misconduct to his or her supervisor, the Equal Employment Opportunity Commission (“EEOC”) or a California state agency, and the employer as result treats the employee negatively. Within discrimination, retaliation may result from an employee’s belief that he or she was discriminated against due to his or her reporting of unlawful treatment based on race, color, national origin, sex/gender, disability, sexual orientation, age, pregnancy status or marital status. The most common types of retaliation include firing, demotion, removal from training or advancement opportunities, moving employees into other undesired job responsibilities, discipline, or curtailing the employee’s compensation or benefits.
Remember: If you lawfully reported a workplace matter to your supervisor or the EEOC stemming from your belief that discrimination or harassment took place, and the employer negatively acted against you, you may very well be a victim of retaliation!
Our employee-only approach to employment law enables the firm to establish a record of representation unequalled in the business. We have sound strategies to ensure that your voice is heard and that you are provided the appropriate legal options. Stephen Danz has over 40 years of experience in representing employees in California. He is a Super Lawyer and has litigated and/or settled hundreds of workplace discrimination and retaliation cases. His firm is equipped with the finest attorneys and resources to obtain the justice and compensation that you deserve. Call our offices for a free consultation about your case, and speak to our workplace retaliation attorneys at 877-789-9707 today. After your initial consultation, an attorney will guide you in how to collect the proper paperwork and file the appropriate forms to best portray your case. We will passionately advocate on your behalf until the resolution of your case.
Fresno Attorneys Specializing in Whistleblower Retaliation
Retaliation is defined as an action by an employer, or someone acting on the employer’s behalf, against an employee who raised a concern. One common concern occurs when employees blow the whistle on corporations that federal or state violate statutes. Retaliation may appear in the form of harassment, intimidation, discrimination, demotion (or non-promotion), benefits, job assignment, or unlawful termination. Within whistleblowing under the False Claims Act, it is unlawful for employers to retaliate against employees who engage in protected whistleblower activity such as reporting violations to government authorities, testifying or giving statements as part of the investigation.
Specific Laws Protecting Fresno Employees from Retaliation
There are many laws that protect employees from retaliation. Specifically, whistleblowers are protected against retaliation under the Deficit Reduction Act (“DRA”), False Claims Act (“FCA”), Fraud and Enforcement Recovery Act (“FERA”), and the Patient Protection and Affordable Care Act (“ACA”).
The FCA protects whistleblowers from retaliation by the employer such as terms and conditions of employment as result of an employee, contractor or agent’s lawful act aimed to stop an FCA violation. Relief may include reinstatement, two times back pay, interest, special damages, litigation costs and reasonable attorneys’ fees.
Title VII also prohibits employers from retaliating against employees based on their opposition to employment discrimination or the employees’ complaint of discrimination. Other types of anti-retaliation statutes are included in Fair Employment and Housing Act and the Fair Labor Standards Act.
For a free consultation about your case, speak to our Fresno workplace retaliation attorneys by calling us at 877-789-9707 today.
93715, 93728, 93729
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– Yulia G.”
Stephen Danz & Associates-Fresno