Guide To California Retaliation Lawsuit Settlements - Manukyan Law Firm (2024)

• October 2, 2023
• Employment Law

In California, retaliation lawsuits claim that an employer has taken adverse action against an employee for exercising their legal rights, such as reporting harassment or unsafe working conditions. If you experience employer retaliation, you may be entitled to compensation through a retaliation lawsuit settlement in California.

A retaliation lawsuit payout can cover lost wages, emotional distress, and other damages you suffer due to your employer’s actions. Understanding retaliation case settlement laws and seeking legal advice from a California workplace retaliation lawyer
can protect your rights and help you seek a fair retaliation settlement amount.

What is Workplace Retaliation?

Workplace retaliation in California happens when an employer penalizes an employee for actions protected by law. This can include participating in a workplace investigation, becoming involved in union activities, or reporting sexual harassment.

California retaliation cases can result from any form of employer retaliation, including:

• Unjust termination or firing, also called wrongful termination
• Demotion or reduction in pay
• Unfavorable job reassignments
• Negative performance evaluations not based on fact
• Exclusion or isolation in the workplace
• Denial of promotions or benefits unjustly
• Creating a hostile work environment for the individual
• Engaging in threats, intimidation, or bullying
• Reducing job duties or stripping job responsibilities
• Blocking access to necessary resources or training opportunities
• Giving false negative references to prospective employers
• Engaging in defamation, slander, or libel against the individual

What Laws Protect California Employees Against Retaliation in the Workplace?

California employees are shielded from workplace retaliation by both federal and state laws. These protections ensure that employees can exercise their rights without fear of unjust treatment by their employers. When employers act against these protections, the victim can seek a retaliation claims settlement for damages:

• The Fair Employment and Housing Act (FEHA). This California law protects employees from retaliation for opposing any practices forbidden under the Act or for filing complaints, testifying, or assisting in proceedings under the FEHA.
• Title VII of the Civil Rights Act of 1964. At the federal level, Title VII prohibits retaliation against employees for participating in discrimination or harassment proceedings or opposing such practices.
• The Occupational Safety and Health Act (OSHA). This federal act safeguards employees who report unsafe or unhealthy working conditions.
• The California Labor Code. Various sections within California’s labor code provide protections against retaliation for engaging in a wide range of legally protected activities, including, but not limited to, filing wage claims or reporting workplace safety issues.
• The Whistleblower Protection Act (WPA). The WPA protects employees who disclose information about violations of state or federal laws to a government or law enforcement agency.

How Much is a Retaliation Lawsuit Worth?

Retaliation lawsuit settlement amounts vary widely based on the specifics of your case and the extent of your damages. An average retaliation settlement will consider the following elements:

• Lost wages. Lost wages are a primary consideration for workplace retaliation cases. An average retaliation settlement amount will include past and future earnings that you’ve missed out on due to retaliatory actions taken by your employer. While past lost wages are usually straightforward to calculate based on previous earnings, estimating future lost earnings can be more complex. You may need expert testimony to accurately gauge the potential career-long earnings, promotions, and other financial benefits you may have reasonably anticipated.
• Emotional distress. Damages for emotional distress compensate for the mental anguish and psychological distress caused by workplace retaliation. The severity and duration of your emotional distress are considered when determining these damages. You can prove them with psychological evaluations, therapy records, and personal testimonies.
• Punitive damages. Though rare, the largest retaliation settlements factor in punitive damages. These are meant to penalize the employer for particularly egregious conduct and deter similar behavior in the future. The likelihood of being awarded punitive damages, and the amount, often depends on the severity of the employer’s misconduct. To obtain punitive damages in California, you must show that the employer acted with malice, oppression, or fraud.

Why Do Companies Settle Retaliation Lawsuits?

Companies often choose to settle retaliation lawsuits out of court to manage costs. Litigating a retaliation claim can be financially draining due to attorney fees, court costs, and other associated expenses. An out-of-court settlement usually represents a more economical solution, often costing less than a lengthy court battle.

The reputational risk of a public lawsuit is also a concern for many companies. Lawsuits can attract negative publicity and damage a company’s image. Although it may not allow you to hold your employer publicly accountable for their actions, a settlement can protect your privacy while allowing you to receive a payout for your damages.

What Makes a Strong Retaliation Case?

A strong retaliation case has clear evidence linking an employee’s protected action, like reporting harassment, to an adverse reaction from the employer. Demonstrating this connection can lead to a successful retaliation settlement.

Factors needed to prove your retaliation claim include:

• Documentation of protected activity. Records of the dates, times, and nature of the protected activity the retaliation is connected to. This includes any formal complaints filed or reports made, which serve as concrete evidence of the protected activity.
• Evidence of adverse employment action. Documentation of any negative changes in your employment status, such as a demotion, termination, or reduction in pay. For instance, records of negative performance reviews, especially if your performance was previously rated positively.
• Proving causal connection. The timing between the protected activity and the adverse action can establish a connection, showing retaliation. Any communications, such as texts or emails, indicating the adverse action was a response to the protected activity could strengthen your claim.
• Employer’s knowledge of protected activity. Providing emails, memos, or other communications can show that your employer was aware of your protected activity. This will help in establishing that the employer’s adverse action was informed and retaliatory.
• Lack of legitimate non-retaliatory reason. Documentation that the employer lacked a legitimate business reason for the adverse action. For example, you can compare your treatment with other employees who didn’t engage in protected activities but had similar performance or behavior.
• Corroborative witnesses. Statements from colleagues or supervisors who can attest to the retaliation can support your claim. Any eyewitness testimony of your employer’s actions can further substantiate your case.

What is the Statute of Limitations for Workplace Retaliation Lawsuits?

The statute of limitations for worker rights violations in California, including workplace retaliation claims under FEHA, is three years from the date of the adverse action. Under Title VII of the Civil Rights Act, employees generally have 180 days to file a claim, extended to 300 days if a state law provides similar protections.

Consult with a skilled employment law attorney to understand these timelines so you can file a claim to receive a workplace retaliation settlement.

Steps for Filing a Retaliation Claim

If your employer has retaliated against you for a legally protected action, you can take action by filing a claim with the appropriate office. Typically, you will follow the procedure outlined below:

• File an internal complaint. Start by lodging a formal complaint within your organization, usually through the human resources department, detailing the retaliation you’ve experienced.
• File an official complaint through the CLO. You must file with the Labor Commissioner’s Office using their online form for retaliation complaints. Information needed includes the type of complaint you’re filing and your employer’s, witnesses, and your attorney’s contact information.
• Cooperate with the investigation. Once your complaint is filed, the Civil Rights Department (CRD), formerly DFEH, will conduct an investigation. Cooperate fully during this process, providing additional information as requested and submitting your gathered evidence.
• Seek legal counsel. Speak with an employment attorney who is knowledgeable in California labor laws. They can provide guidance, help you navigate the CRD complaint process, and represent your interests throughout the proceedings.
• Explore settlement options. Your attorney can also help explore settlement options with your employer through direct negotiations or mediation. This could provide a quicker resolution to your complaint.

Seek a Fair Workplace Retaliation Settlement for Your Claim

Filing a retaliation complaint in California is a step toward securing a settlement compensating for unjust workplace treatment. Following the established claims procedures and seeking legal guidance can help you win financial restitution and hold your employer accountable for unlawful actions.

FILL OUT A FORM OR CALL (818) 740-5467 TO SPEAK WITH AN ATTORNEY WHO IS TRULY ON YOUR SIDE.