Q. Am I guarded against retaliation under federal law and state law?
A. Employees are protected under federal law and California state law.Title VII of the Civil Rights Act applies in federal law. The Labor Code, Fair Employment Housing Act (FEHA) and the California Constitution cover California state law. Employment claims ought to be brought under California state law since it offers better protection.
Q. How do you define retaliation under California law?
A. Retaliation is when an employee made a complaint to the employer or to a government agency that the employer has denied the employee’s rights granted by statute or public policy to the employee.
Q. Can I combine retaliation with a wrongful termination, harassment and discrimination claim?
A. Yes. You should do so whenever possible because retaliation claim is easier to prove than a claim for wrongful termination, harassment and discrimination.
Q. How do I prove my retaliation claim?
A. You have to prove that you made a complaint to the employer or state agency, that the complaint was reasonable and made in good faith and that, as the result of the complaint, you suffered an adverse employment action such as termination, demotion, or failure to promote. Causation will be proved by the proximity of your complaint and the employer's adverse action. If it occurred within 2 weeks, you have a good case.
Q. What facts do I need to win the case?
A. Since every case is unique, I will guide you through every facet of your case and discuss what further facts we need, your chances of success, and the compensation you may expect.
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