Category: Retaliation
How To Decide Whether To Complain About A Workplace Issue
Some employees find themselves in the following situation over and over, which often turns into some type of vicious cycle of losing a job over and over. They start a new job where things seem to be going well. After some time, they notice some kind of impropriety or violation at their workplace that might Read More …
Avoid This Mistake In Your Potential Retaliation Case
Imagine the following scenario that “kills” many potential retaliation cases: You approach your manager and complain about not being paid overtime (this type of complaint is a protected activity under California labor code). Your manager disagrees with you that you are entitled to that extra pay. You then submit a complaint to your HR office Read More …
Workplace Lactation Accommodations Laws in California
The new lactation accommodations bill of 2020 (SB 142) builds upon and expands the breastfeeding accommodations changes enacted in 2018 regarding lactation location requirements. Until now, Labor Code section 1030 required employers to provide a reasonable amount of break time to express milk. However, the new law specifies that the employer must provide a reasonable Read More …
Retaliation Case Checklist For Employees
Retaliation cases are some of the most common claims filed by workers against their employers in California. Below is a simple, practical checklist that any employee can use for an early evaluation of whether or not they may have a legitimate retaliation case, before they even speak with an attorney: (a) Did you suffer a Read More …
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 …
Whistleblowing About Corruption and Fraud in Sacramento
We have had a chance to represent a number of State workers in whistleblower retaliation cases – from the lower level clerks to the higher ranked managers and even one governor appointee. I was surprised to hear from them not only about the waste of public funds that they witnessed but also about the fraud, Read More …
Retaliation for Complaining About Employer’s Overbilling
In Yau v Santa Margarita Ford Inc (2014), the Appellate Court recently held that an employee of a car dealership who is terminated in retaliation for complaining to management about suspecting a submission of fraudulent warranty claims, can bring a wrongful termination claim in court. The Court held that such a conduct implicates laws against Read More …