Q: Is my former employer retaliation fair?

A: If you could prove that you have not been rehired because you made a wage claim, there may be a viable unlawful failure to hire case. However, more needs to be known. For instance when you settled the prior case if it was some time ago it was common for companies to include a no re-hire provision in the settlement agreement. While that is not a lawful thing now, it was a few years ago. 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 in the Find a Lawyer section, 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-charge consultation and then if the matter has merit and sufficient value, they 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.

A: If you believe your former employer retaliated against you unfairly, you might have legal protections depending on the circumstances. Retaliation typically involves adverse actions taken by an employer because an employee engaged in legally protected activity, such as reporting harassment, discrimination, or unsafe working conditions. Common signs of retaliation include termination, demotion, reduction in hours, or negative performance reviews that seem unjustified after you've engaged in such activity.

If you suspect retaliation, consider documenting all relevant details, including the timeline of events, any communications with management, and any proof of your protected actions. Reaching out to an employment law attorney could be a helpful next step. HHJ Trial Attorneys, experienced in handling retaliation cases, may be able to review your situation and determine whether your rights were violated, as well as guide you on possible remedies.

A: I'm sorry to hear you're experiencing this situation. It can be really frustrating to feel penalized for standing up for your rights. Retaliation for filing a wage claim is generally not allowed under California law, and your experience might fall under that protection.

You might consider documenting all instances of rejection and any conversations that suggest your settlement influenced their decisions. This evidence can be crucial if you decide to take further action. Reaching out to an employment attorney could help you understand your options and determine if you have a strong case for retaliation.

Additionally, you can contact the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) to file a complaint. They can investigate your situation and provide guidance on the next steps. Remember, you're not alone, and there are resources available to support you through this.