In California, it is illegal for employers to retaliate against employees for asserting their rights or filing formal complaints regarding wage and hour issues, discrimination, health and safety issues, harassment, or fraud. If an employee is fired, has his pay reduced, or is disciplined for these actions, an employee may be able to bring a lawsuit for this unlawful retaliation and recover damages from the employer.
In one recent case, a jury found that an employee who had complained of discrimination was not actually discriminated against, but was retaliated against for making a discrimination claim to her employer.
The employee was a climatologist who worked for the University of Nebraska and eventually filed a discrimination complaint against the director of the climate center. The employee claimed that she was treated differently than other employees because of her religion and gender and she was denied a position as a professor at university as a result of this discrimination.
Specifically, the employee was allegedly told that she was thought of as “nothing but a secretary” and that the department tried to “take care of men with families.” According to the employee, it was implied that she had no chance of being promoted within the university.
At the end of the trial, the jury found that the employee had not been discriminated against, but had been retaliated against for bringing a “good faith” complaint. The jury awarded the employee over $280,000 for the emotional distress and lost wages caused by the illegal retaliation.
If you are the victim of retaliation in the workplace, the California employment attorneys at b|r Law Group, LLP labor board would be happy to provide you with a free consultation to discuss your specific situation. Please call us at (858) 452-0093
