West Covina, CA asked in Employment Law and Employment Discrimination for California

Q: What is clear basis for retaliation or wrongful denial of promotion?

I work in the transportation industry. I was told by a manager that a new supervisory position was being created specifically so that I could be promoted without having to wait for an opening.

I was then called into a meeting and was told that herself and upper management were “pulling the plug” on the new position because I discussed my wage with a peer. That it is an “unwritten rule” and “proper business etiquette” to not speak about your wage with others. It demonstrated that I “lacked experience” and was “not ready to be a supervisor.”

I have records of exemplary employee evaluations, and have been presented with 2 raises in less than a year of employment with the company.

It feels as though I am being punished for exercising a legally protected activity.

Since I technically was not applying for an open position and assume nothing was in writing about this new position. Is it worth looking further into?

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: You have a free speech right to share your income with other employees, for that is how you learn whether you are being discriminated against or not.

You can go to your HR department and file a complaint against the persons who are taking the opportunity from you. Be prepared to fight for your rights.

If you need help, contact an employment lawyer for advice on how to proceed.

Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: It is a violation of both the National Labor Relations Act and the California Labor Code to retaliate against an employee for sharing wage information with another employee. If it can be proved that you lost the promotion for the reason they stated, you would have a meritorious legal claim where you could seek financial loss and emotional distress damages, as well as having your attorney fees and costs paid by the employer.

If you wish to pursue such a claim it would be a good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.