Are you search for an experienced attorney for San Diego employment defense for a retaliation claim? The experienced employer defense and business litigation attorneys at the Watkins Firm have served San Diego employers for almost four decades. One of the recent trends that is concerning is the increase in employer retaliation cases coming into San Diego and California courts. If you are a California employer and face an accusation of retaliation, this is serious business and the financial stakes are quite high.
Key Takeaways Regarding San Diego Employment Defense for a Retaliation Claim:
- Accusations of retaliation by an employer in California continue to increase over recent years. Retaliation cases are based on a variety of assertions, and usually start with a complaint to the Labor Commissioner’s Office.
- The California Labor Commissioner through their Retaliation Complaint Investigation Unit (RCI) and plaintiff’s attorneys continue to seek cases of workers who believe their employer may have retaliated against them.
- Employer retaliation seeks civil / financial damages from the employer on behalf of the worker. Recent changes in California law make these claims even easier for a worker to file. One recent law established a “rebuttable presumption of retaliation” for any adverse action taken by an employer against a worker within 90 days of specific protected activities.
Employer Retaliation Can Take Many Forms
The need for experienced San Diego employment defense for a retaliation claim can arise for many reasons, however, the best defense in these cases is a strong offense backed by sound fundamentals. Workers often attempt to assert employer retaliation claims when they have been demoted, are moved to a different shift or less desirable location, during or after termination and/or if they have received an unsatisfactory job evaluation or reference.
Many retaliation cases are brought by workers who are actually in the midst of disciplinary actions, or those who have reported a concern about policies and procedures or practices in your company. They believe they are immune from any accountability or responsibility whatsoever for a period after filing their complaint.
The Watkins Firm has sound strategies and employment contracts and documentation to defend a California employer against retaliation claims and put a stop to these disputes before they ever arise. We help our clients to develop and implement clear policies and procedures and well-crafted employee handbooks. We help them to understand the legal boundary of retaliation, and how to help workers understand the difference between reporting a complaint, discipline and performance.
Pro-Tip: “What is the best precaution a San Diego or California employer can take? The answer: Pay attention and have a good lawyer.
Have a good lawyer for employers who stays up to speed and take those little technical matters seriously, because it doesn’t cost much to be in compliance. It really doesn’t, but it costs so much to get caught. Usually you don’t get caught for a few months and before you know it, you could literally lose hundreds of thousands of dollars for an accounting error or the way you put your paychecks out or your refusal or failure to put up a little sign in your break room. All those little things. There’s some lawyer out there, Mr. Bounty Hunter, looking for you to try to collect five, 10, $15,000 in attorneys fees for tiny mistakes made by San Diego and California employers.
When we’re talking about protecting our employer clients, the old saying, ‘a good defense starts with a good offense,’ definitely applies. What are the elements of a good offense in your mind for an employer?
Employment contracts, human resource manuals, employee handbooks, rules and regulations, training and staying up to speed on the ever-changing laws in California. Having a lawyer on speed dial you can call with a question or concern and get the right answer, often without a bill!” – Dan Watkins, Founding Partner
Experienced, Proven Attorney for San Diego Employment Defense for a Retaliation Claim
The Watkins Firm has established a strong track record across almost four decades in defending California employers in all legal matters, including retaliation. You need a proven attorney for San Diego employment defense for a retaliation claim, or any other employer-related dispute, PAGA action or wage and hour lawsuit.
If you have an employee who has filed a formal complaint with the California Labor Commissioner or their RCI unit, or face an accusation of retaliation the first steps are the most crucial. We help our clients to nip potential conflicts in the bud. The best strategy is to resolve disputes with workers at the beginning, before they gain steam and additional complication. When a dispute begins to arise, the Watkins Firm provides the sound counsel and advice to guide you through each step in the process. We help to gather evidence, communicate with other parties and represent clients in negotiations, labor department hearings, mediation, arbitration and or trial. We protect our employer clients, and work to ensure they never face an actionable accusation of retaliation.
If you are concerned about the rising tide of litigation surrounding employer retaliation, or face an accusation of retaliation we invite you to review our review our podcast Episode 39 – What Keeps Employers Up at Night as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
Meet Daniel Watkins:
Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through. Dan enjoys digging into the facts and finding creative solutions to problems. He contributes his insights candidly and constructively.
Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.
Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.
He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.
THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR
Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.
In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.
