The Watkins Firm has decades of experience defending employers for retaliation claims by employees or outside agencies. Retaliation is an issue that is addressed by federal Equal Employment Opportunity (EEO) laws, as well as California’s commercial code. When is a San Diego employer at risk for allegations of retaliation?
What Does an Employer Need to Know If Accused of Retaliation?
Once an employee has filed a complaint or is a witness in an investigation or lawsuit you must be cautious about all actions, especially those related to work performance evaluation and discipline. This caution should extend to whistleblowers as well as those who refuse instructions that would violate laws against discrimination or for questioning behavior such as unwelcomed personal or sexual advances.
Employers must understand that under the California Fair Pay Act an employee has the right to ask management or co-workers about their salary and benefit packages, especially when concerns about wage discrimination may exist. Recent changes in federal and California law open employers to questions regarding pay ranges, access to the employee record and a host of additional issues which require compliance.
Defending employers for retaliation often require investigations which must be properly conducted, and it may be important to consider working with the Watkins Firm to quickly and cost-effectively manage them in an independent and thorough manner while protecting your interests as an employer.
Retaliation Claims Arise Out of Other Issues
The response of an employer to any of these circumstances could lead to retaliation claims if they include (but are not limited to):
- Creating a hostile work environment including physical or verbal abuse
- Issuing an undocumented or unwarranted poor performance evaluation
- Initiating a disciplinary procedure without carefully followed procedures and extensive documentation to support it
- Cancelling existing business relationships or other business related activities with an employee’s relatives or friends as a way of punishing behavior
- Demoting the employee, or transferring them into a lower paying and less desirable job within the company
- Allegations of unfair termination
- Threatening or actually disclosing information to authorities that jeopardizes the employee (such as immigration status)
- Changing work hours or schedules to conflict with known employee needs or requirements (such as child care or a working spouse)
Defending Employers for Retaliation in San Diego and Southern California
The Watkins Firm has more than 40 years of experience defending employers for retaliation in San Diego and Southern California. We can tell you two things from experience: Any complaint by an employee should be considered to be an immediate red flag, and immediate action is the key to limit your exposure and put a stop to things before they ever start.
There are too many risks associated with employee-related litigation from wage and hour litigation to PAGA actions, from discrimination and harassment to hostile work environments.
The first step to take in every one of these circumstances is a simple, free phone call to the Watkins Firm for a consultation. Is this a non-event or is there a genuine issue which requires immediate action and attention? What actions should you take? What actions should you avoid? What tone should you use when communicating in person and in writing with employees?
You can trust our experienced, proven track record of defending San Diego employers from retaliation claims and in associated hearings, disputes, lawsuits or PAGA litigation. If you are an employer who is concerned about the direction an employee-related issue is headed we invite you to review Our Podcast Episode 28 – Common Employer Disputes and Defenses, the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
