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Retaliation
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Yamin Law Group

Retaliation

Retaliation in the employment context is when an employer takes adverse action against an employee in response to a protected activity, such as making a complaint about discrimination, harassment, or unsafe working conditions, or participating in an investigation or lawsuit related to these issues. Retaliation is illegal under both federal and California law, and employees who have been retaliated against may be able to seek legal remedies.
In California, the Fair Employment and Housing Act (FEHA) prohibits retaliation against employees who engage in protected activities. This means that employers may not take adverse action against employees who oppose discrimination, harassment, or other illegal employment practices, or who participate in an investigation or legal proceeding related to these issues. Protected activities can also include taking medical or family leave, whistleblowing, or filing a complaint about wage and hour violations.

Examples of adverse employment actions that could constitute retaliation include termination, demotion, suspension, discipline, and reduction in pay or hours.
Employers may also engage in more subtle forms of retaliation, such as giving negative performance evaluations, denying promotions or training opportunities, or isolating the employee from colleagues or decision-making processes.

To establish a claim of retaliation under California law, an employee must show that they engaged in a protected activity, that their employer took adverse action against them, and that there was a causal connection between the two. The employee must also show that they suffered harm or damages as a result of the retaliation.

If an employee believes that they have been retaliated against, they can file a complaint with the California Labor Commissioner or file a lawsuit in court. Employers who violate California’s retaliation laws can be held liable for back pay, penalties, and other damages.

Yamin Law Group

conclusion

In conclusion, waiting time penalties are a form of compensation paid to employees who are not paid their final wages on time. If an employer willfully fails to pay an employee their final wages when due, the employee may be entitled to waiting time penalties of up to 30 days of their daily rate of pay. If you believe that you have not been paid your final wages on time, it is important to consult with an attorney who can help you understand your legal options.