What You Need to Know About Workplace Retaliation Settlements in California
Workplace retaliation is a serious problem that can be remedied out of court with a settlement. Here’s what you need to know about average workplace retaliation settlements in California.
Average workplace retaliation settlements in California are approximately $40,000 out of court.
What is Workplace Retaliation?
Workplace retaliation occurs when an employer or coworker takes harmful action against an employee after said employee expresses their rights or refuses to participate in illegal activities on behalf of their employer or coworker. It can include obvious actions such as the employee getting fired, demoted, or taking a pay cut, but can also be more subtle, such as if the employee suddenly begins receiving poor feedback, begins being unfairly scheduled, or is excluded from workplace correspondence or events.
Related: What Are Examples of Retaliation in the Workplace?
Workplace Retaliation Laws in California
The California Labor Code Section 1102.5, the California Fair Employment and Housing Act (FEHA), and the California False Claims Act provide various types of laws that prohibit workplace retaliation.
The California Labor Code includes a “whistleblower” law that protects employees from employer retaliation following the employees’ reporting against the employer. FEHA protects employees who oppose or complain against acts of harassment or discrimination from their employer, as well as any who testify or assist in a proceeding against FEHA or request other workplace accommodations for their religion or disability. The California False Claims Act protects employees who file a “qui tam” lawsuit against an employer who is committing acts of fraud, theft, or embezzlement from retaliation.
How to File a Workplace Retaliation Lawsuit
Depending on the law that the individual decides to file their workplace retaliation claim under, the process of filing a lawsuit may differ.
If an individual believes that their rights under the California Labor Code have been violated, the individual should notify the California Labor and Workplace Development Agency, which will evaluate the case. If they believe retaliation took place, the agency may conduct their own investigation, but if not, the individual may file their own lawsuit.
If an individual believes that their rights under FEHA have been violated, the individual should file a complaint with the Department of Fair Employment and Housing (DFEH). Once DFEH issues a “right to sue” notice, the individual can sue their employer.
If an individual believes that their rights under the California False Claims Act have been violated, the individual can immediately sue their employer.
Related: How to Report Retaliation in the Workplace
How Much is My Workplace Retaliation Claim Worth?
The final settlement amount for a workplace retaliation claim differs based on the individual circumstances of each case. Damages that may be included in a settlement include payments and benefits the employee may have missed after they were fired, as well as compensation for emotional distress and harm caused to the individual’s professional reputation. Because these circumstances differ for every case, the workplace retaliation settlement will also vary.
FAQs
I’m not sure if I’m being retaliated against in the workplace. What should I do?
If you feel that you may be being retaliated against in the workplace for expressing your workplace rights, for refusing to assist your employer with illegal activity, or for reporting your employer’s misconduct, you should reach out to your human resources manager and employer and ask if there’s any reasoning behind your employer’s acts of retaliation. If your employer is unable to provide a reasonable explanation for their acts, consider filing a workplace retaliation claim.
Who can help me file a workplace retaliation claim?
There are employment lawyers who are trained to help with these types of cases. The California Courts website has a number of resources to find lawyers tailored to your needs.
Contact Us
If you or a loved one has any more questions about average workplace retaliation settlements in California, contact us. Get your free consultation with one of our California Employment Attorneys today!