Retaliatory Harassment – Ignoring Complaints As Retaliation

One of the more rarely mentioned types of retaliation claims available to employees is a retaliatory harassment claim.  In Yanowitz case, the California Supreme Court cited with approval Gunnell v. Utah Valley State College case for the proposition that “coworker hostility or retaliatory harassment, if sufficiently severe, can constitute adverse employment action for purposes of a Read More …

Whistleblower Retaliation Protection for Energy Workers

U.S.C. § 5851.1 is a whistleblower retaliation protection law that protects energy workers who report or otherwise act upon safety concerns. This law specifically prohibits employers from discharging or otherwise discriminating against employees for several acts, including notifying an employer of a violation, initiating an enforcement proceeding, or testifying in a safety or enforcement proceeding. Read More …

Protected Activity and Retaliation

An essential element of making a retaliation claim is showing that the reason you were terminated was that you engaged in a “protected activity”. Only some activities are considered “protected”. This includes complaining about unlawful discrimination (including filing charges with EEOC or DFEH), unlawful harassment, labor code violations (i.e. not being paid overtime, minimum wages, Read More …

Employee Interviewed During Internal Investigation Is Protected from Retaliation

Vicki Crawford was interviewed during an employer’s internal investigation into “rumors of sexual harassment” involving a manager. Crawford described several instances of sexually harassing behavior that the manager directed at her. Two other employee also reported being sexually harassed by the same manager. The employer took no action against the alleged harasser-manager, but fired Crawford Read More …

Retaliation for Taking FMLA

One of the more common types of unlawful retaliation is FMLA retaliation. An employee goes on FMLA leave due to a serious medical condition, and the employer is unhappy about it for various reasons. It’s possible that the employer suspects that the employee’s medical issues are fabricated and he is just trying to find an Read More …

Why Employers Retaliate Against Employees for Filing A Workers Comp Claim

There are two main reasons why employers retaliated against employees for filing a workers comp claim or asking for any type of disability leave or benefit. This retaliation may include trying to unfairly discipline, write-up, suspend, demote or even terminate that worker based on false, exaggerated or wholly fabricated reasons. The first reason for retaliating Read More …