Sometimes, the work relationship between an employer and employee breaks down. Whether it be because of pay issues, discrimination, or simply just an unsafe or hostile work environment, workers have legal rights to bring a lawsuit against their employer. Usually, if the work situation is bad enough that a lawsuit needs to be filed, then it would be logical to assume that the employee wouldn’t want to work there anymore. While it may seem like filing a lawsuit against your employer is burning a bridge, that is not always the case.
While there is no legal requirement that says an employer has to fire an employee before they can file a lawsuit, most employees still mistakenly believe this is the case. Even though it may add to an already uncomfortable work situation, filing a lawsuit against your employer for their unlawful activities adds a further layer of protection to the employee against further retaliation. In this respect, filing a lawsuit while still employed works in the employee’s favor.
California Employment Law and Illegal Workplace Activities
California has a reputation as being one of the most employee-friendly states in the country. This is largely due to its various workplace laws that govern what employers can and cannot do to employees in the workplace.
California’s Labor Code lays out several potential violations of state labor laws involving wages and hours worked, protecting employees when their employers take any of the following actions:
- Fail to provide minimum wage.
- Fail to pay overtime
- Fail to reimburse business expenses.
- Refuse to provide breaks and meal periods.
- Misclassify employees as independent contractors or exempt workers in order to avoid providing benefits.
- Fail to provide a last paycheck in the required amount of time after a worker quits or is fired.
Similarly, the California Fair Employment and Housing Act (FEHA) protects employees from unlawful discrimination in the workplace. The FEHA prohibits the employer from discriminating against employees that belong to one or more of the following protected categories:
- Race
- Color
- Religion
- Age
- Gender identity, gender expression
- Sexual orientation
- Pregnancy
- Marital status
- Medical Condition
- Military or veteran status
- National origin
- Ancestry
- Disability
- Genetic information
- Request for family care leave
- Request for leave for an employee’s own serious health condition
- Request for Pregnancy Disability Leave
- Retaliation for reporting patient abuse
Retaliation
Most likely, an employee that files a lawsuit against their employer can expect to face retaliation. While the FEHA protects certain employees from discrimination, it provides further protection for employees if they report illegal or unlawful activities in the workplace-the same type of actions that would give rise to a potential lawsuit. While every case is unique, there are several common examples of workplace retaliation:
- Wrongful or unlawful firing
- Demotion
- Not being promoted
- Being subjected to harassment
- Exclusion from meetings, training, or other activities available to other employees
- Being given undesirable shifts or work schedules
- Reduction in pay or hours
- Unwarranted or unreasonable write-ups
- Negative performance reviews
- Having benefits taken away
Can I Prove My Employer Retaliated Against Me?
Proving retaliation will be key to not only the employee’s lawsuit, and will be important evidence as the case progresses if the employer continues to take adverse actions. In order to prove retaliation, the employee will need to show the following:
- They engaged in a protected activity or belong to a protected class
- The employer took an adverse action against them
- There is a “causal link” between the retaliation and the protected activity
The causal link is usually most difficult to prove, but is extremely important. Most employers will be keenly aware of any potential retaliation claim, and will know how to cover their tracks. Thus, employees should gather as much evidence-emails, performance evaluations, text messages, etc.-as possible. Furthermore, they should keep detailed notes and a timeline of events to illustrate how the employer has treated them. This will also be extremely helpful should the case reach a jury.
Why File a Lawsuit Against Your Employer?
Filing a lawsuit against your employer, especially while still employed, takes a great deal of courage. Some may question why an employee would do that. The answer lies with that employee. Maybe they wish to hold their employer accountable for their actions. Maybe they want to stop the unlawful behavior from happening in the future. Whatever the reason, the potential positive outcomes of the lawsuit could be worth the risk. Moreover, there are some practical outcomes that filing a lawsuit could bring, mostly involving recovering damages. In a retaliation lawsuit, the following damages can be recovered:
- Lost wages, including unpaid overtime
- Back pay
- Punitive damages
- Pain and suffering
- Emotional distress
It’s extremely important that the employee understands that they cannot be punished at work as a result of filing a lawsuit. It takes an extremely courageous person to stand up to an employer with their livelihood at stake. Maison Law understands how difficult this situation can be, and can offer top-rated legal services to any employee that wants to pursue a case against their employer.
Skilled California Employment Lawyers Will Stand With You
We want to stand by your side, build a strong case, and help you obtain the best possible outcome for your case against your employer. Our California employment lawyers can help you understand your rights so that you can fully prepare for the legal challenges ahead. With Maison Law on your side, you will not face your employer alone. Contact us today for a free consultation to get started.
