California is a melting pot of different races, cultures, religions, and beliefs, and its workplaces are no different. While there are legal protections in place that prohibit discrimination, it’s an unfortunate fact of life that people will cling to their bias and prejudice and create hostile work environments to certain employees that are different from them.
When this happens, you and other employees have options to recover damages. Filing employment discrimination claims when you’ve been deprived or mistreated in any part of your employment because of your race, color, religion, sex, national origin, or physical or mental disability can allow you to recover monetary compensation.
But sometimes, this discriminatory conduct is intentional and was committed with malice or reckless indifference by your employer. In these instances, you could even get punitive damages.
Let Our Experienced Team of California Employment Lawyers Work For You
At Maison Law, our team of experienced California employment lawyers proudly stand with employees that suffer discrimination or illegal treatment in the workplace. Through our years of service, we have seen all manner of different types of cases, and have built a reputation for strong representation and outstanding results for our clients.
To learn more about our process and how we can help you, contact us for a free consultation.
How Can My Employer Violate My Rights In California?
Even though your employer has the duty to protect and preserve the rights and welfare of you and all other employees under California law, discrimination, harassment and retaliation against certain employees is actually quite prevalent.
While discrimination, harassment, and retaliation are the most common actions that lead to punitive damages, there are other scenarios where your employer can willfully and recklessly violate your rights in the workplace. Usually, these involve your employer violating your privacy.
The California Fair Employment and Housing Act (FEHA)
California follows “at-will” employment law, meaning your employer is free to fire you at any time without providing a reason. At the same time, you are free to leave your job at any time you wish. Even with employment being at-will, this doesn’t mean your employer can fire you for any reason they like.
When your employer does fire you or treat you differently based on protected characteristics, it is considered wrongful termination. Specifically, wrongful termination occurs when your employer fires you in retaliation for engaging in any of the following:
- Complaining, reporting, or participating in an investigation about workplace harassment or employment discrimination.
- Requesting “reasonable accommodations” for your disability or religious beliefs.
- “Whistleblowing”, or reporting violations of law or policy.
Wrongful termination claims legally arise from violations of the California Fair Employment and Housing Act (FEHA). The FEHA is the California law that prohibits discrimination based on one or multiple of the following characteristics:
- Age
- Disability
- Ethnicity
- Gender
- Sex
- Sexual Orientation
- Race
- Pregnancy
- Military status
- National origin
- Religion or other protected status
- Domestic violence victims
Interestingly, discrimination is further outlawed at any point of the employment process, even job interviews or screenings. Therefore, you can bring a discrimination lawsuit for damages even if you are never officially employed with an employer.
Hostile Work Environment/Retaliation
Another important facet of the FEHA is that it is not limited to termination alone. The law prohibits your employer from retaliating against your or any employee that reports or complains about any unlawful activity in the workplace. Usually, retaliation constitutes any of the following actions by the employer:
- Blacklisting you, preventing you from getting another job.
- Demoting you
- Illegally firing you
- Intimidating you
- Unfairly disciplining you
- Failing to hire or promote you
- Reducing your pay or work availability
- Denying your benefits
- Denying you overtime pay
Retaliation protection also extends to “whistleblowers.” California’s most general law prohibiting whistleblower retaliation is the Whistleblower Protection Act (WPA), which protects employees that engage in whistleblowing by outlawing illegal retaliation by the employer.
Violations of Privacy
Violations of your privacy in the workplace also enjoy protections under the law in California. Specficially, the law covers any of the following workplace scenarios:
- Whether your employer can videotape you in the workplace.
- Whether your employer can monitor employees’ internet usage.
- Whether your employer can ask about job applicants’ criminal records.
- Whether and how your employer can use your medical records and history.
- Drug testing employees and applicants.
- Whether an employer can check your credit rating.
- Your employer’s use and protection of your Social Security Number.
- Your right as an employee to make video recordings of occurrences in the workplace.
What Are Punitive Damages in California?
Much like a personal injury case, punitive damages in employment cases are designed to punish your employer and deter them (and other employers) from committing the same intentional and malicious discriminatory actions. While every case is unique, punitive damages are typically awarded when the following occurs:
- Intentional actions that cause you or other employees to suffer embarrassment, mental and emotional distress, and humiliation.
- The failure of your employer to protect you from the discrimination and harassment by fellow employees.
- The employer is aware of the discriminatory conduct, knows it is against the law, yet still intentionally commits it.
It’s important to understand that recovering punitive damages is rare, as they can only be awarded if your case proceeds to trial. However, the facts and evidence that a jury would consider will be factored into any settlement offer you may receive prior to trial.
How Can I Get Punitive Damages in California?
Receiving punitive damages requires two things: filing a lawsuit and getting a positive verdict from a jury. It’s important to understand that the vast majority of employment cases settle before going to trial.
While every case is unique, recovering punitive damages requires a step beyond what’s normally required. Namely, you will need to show that your employer’s actions were not only illegal, but were reckless and done with intent to harm you. The starting point for your claim, though, will require you to show the following:
- You engaged in a protected activity or belong to a protected class.
- Your employer took an adverse action against you.
- There is a causal link between the retaliation and the protected activity
Above all else, filing a lawsuit against your employer requires courage and determination. Not only will you have to prove the facts of your case, you’ll have to relive potentially traumatic experiences and face your employer and their significant resources.
However, our lawyers will be with you every step of the way, handling the responsibilities of your claim and providing you with support and validation.
Contact Experienced California Employment Lawyers Today
At Maison Law, we know the impact losing your job can have on your life, both financially and emotionally. Recovering compensation as serious punitive damages requires the right team by your side every step of the way, and our team of experienced and knowledgeable California employment lawyers are proud to offer just that. If you would like to explore your legal options, contact us today for a free consultation.
