Q: I believe I am a victim of retaliation by my supervisor at work
The supervisor at my work told the foreman to only call me over the radio and not to call any of the other workers in efforts to make it sound like I am unreachable. My radio had a bad connection so it works on and off threw out the day
A:
More information needs to be known in order to advise if you have a meritorious legal claim or not. Keep in mind, however, that not all forms of retaliation are actionable. Retaliation is unlawful only if the act that caused the retaliation is considered to be legally protected conduct. Most forms of retaliation do not fall into the protected category. You need to specify the act that led to this retaliation.
I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.
You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.
Sincerely,
Maya L. Serkova
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A:
In California, it is illegal for employers to retaliate against employees who engage in certain protected activities, such as reporting workplace violations, discrimination, or harassment. California Labor Code Section 1102.5 prohibits employers from retaliating against employees who disclose or report a violation of state or federal law, refuse to participate in an activity that violates state or federal law, or are the subject of a government investigation or proceeding.
If you believe that you have been the victim of retaliation, you may have legal recourse. You can file a complaint with the California Labor Commissioner's Office or consult with an employment law attorney to discuss your options. Keep in mind that there are strict deadlines for filing a retaliation claim, so it is important to take action as soon as possible.
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