What You Need to Know About Employment Retaliation Interrogatories
Employment retaliation regards a circumstance when an employer punishes an employee for exercising their rights, such as reporting sexual harassment, discrimination, etc. This would be considered workplace retaliation, which would be the basis for a lawsuit. Here is what you need to know about employment retaliation interrogatories.
Interrogatories are lists of questions parties send to each other in action to be answered under oath during discovery of a lawsuit. Every answer should be straightforward and specific. These answers must be dated, verified, and signed.
Examples of Employment Retaliation
Title VII prohibits employment retaliation. Workers should be safe to express their concern over their rights being violated. Here are some examples of employment retaliation:
- Firing or demoting an employee because they came forward with an issue that was concerning to them
- Changing an employee’s job schedule or their duties
- Transferring an employee to another position or location
- Reducing an employee’s salary
- Denying the employee of a raise or promotion
There are instances in which an employer may be frustrated as they believe that the complaints made against them are untrue or baseless. However, even when a workplace investigation has been completed and there was in fact no evidence of any rights being violated, employers do not have the right to retaliate against an employee. Just because an employee voiced a complaint does not give the employer the right to retaliate against them. Upon becoming aware of a complaint, an employer’s response should be focused on correcting the issue and preventing it from happening in the future.
Related: How to Report Retaliation in the Workplace
Employers are still permitted to take disciplinary action that is grounded in legitimate business purposes and unrelated to the fact that an employee filed a complaint. However, this disciplinary action should be in accordance with the employer’s handbook policies or procedures.
Related: How to Prove Retaliation in the Workplace
Examples of Interrogatories Between Parties in an Employment Retaliation Case
As above mentioned, interrogatories are the questions asked between parties during an investigation. One can refer to a full-length employment law interrogatory from the California Courts here.
If asking the interrogatories:
- State the name of the employee and employer to whom the interrogatories apply.
- Check the box next to each interrogatory the receiving party needs to answer.
- The “Loss of Income Interrogatories to Employer” should not be required until the employer has had an opportunity to conduct an investigation or discovery of the employee’s injury or damages.
If receiving the interrogatories:
- Questions must be completed to the best of the individual’s ability.
- Within 30 days of receiving the interrogatories, individuals must serve their responses to the asking party as well as all other parties involved.
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If you or a loved one has any more questions about employment retaliation interrogatories, contact us. We’ll get you in touch with the most qualified attorney for your needs and preferences. Get your free consultation with one of our California Employment Attorneys today!