The Watkins Firm has the experienced and proven track record of success with employer defense 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?

When is an Employer at Greatest Risk to Allegations of Retaliation?

When is an employer at greatest risk of allegations of retaliation?  Workplace retaliation has become one of the most common sources of lawsuits for employers in San Diego and Southern California.  Once an employee has filed a complaint, such as harassment or discrimination, 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 and recent changes in federal and state laws, 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.

One example would be to consider hiring the Watkins Firm to conduct required investigations to put some distance between you, the employer, and a protected employee.  This is one of the best strategies for employer defense for retaliation claims to proactively stop a potential case before it ever gets started.

What Types of Situations Could Lead to Retaliation Claims?

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
• 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)

40+ Years of Experience with Employer Defense for Retaliation Claims and Other Worker Disputes

The Watkins Firm contributes 40+ years of experience in employer defense for retaliation claims to protect and defend a San Diego employer against disputes and lawsuits as well as PAGA actions based on employee allegations.  We have been involved in trials which have received national attention and media coverage.  Our attorneys provide sound counsel and insight into the actions needed to avoid even the potential for an allegation of retaliation from an employee.

Are you a California or San Diego employer who has been accused of retaliation?  Are you are concerned about suspicious behavior by an employee who might be attempting to set up a retaliation claim? 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.