Temecula, CA, like all cities in CA, is covered by the 29 Labor Codes outlined by the California Labor & Workforce Development Agency. Employment attorney, Modamed Eldessouky, helps workers understand their rights under these codes. Additionally, Mr Eldessouky is experienced at litigating common workplace violations workers in Temecula face. He is trusted by employees in this city and helps them enforce their rights through lawsuits at the Temecula courthouse. Any worker who has had their employment rights violated can find legal guidance and representation from Eldessouky Law.
Our employment law firm successfully represents workers in this city and helps protect them from the negative effects of a hostile work environment. California labor laws prohibit unlawful conditions such as discrimination, retaliation and wrongful termination. No worker should face negative treatment because they spoke up against unlawful conduct. If you are being mistreated at work in any way, contact our Temecula retaliation attorney today. We will explain your rights to you and help you proceed on holding your employer responsible for their wrongful conduct.
How Am I Protected Against Retaliation in CA?
Retaliation occurs when an employer or supervisor treats an employee negatively because they took a protected action. For instance, if you report unsafe conditions at work that violate OSHA regulations and you are fired as a result, you may file a claim for retaliation. These protections are not restricted to only termination though. If your employer demotes you, or deprives you of benefits or career advancement opportunities, it may still amount to retaliation.
But it is important to keep in mind that laws against retaliation only apply to protected actions in the workplace. This means the laws do not apply to advocacy for someone outside your immediate place of work or the public in general. Dinslage v. City and County of San Francisco (2016) 5 Cal.App.5th 368, 383 [209 Cal.Rptr.3d 809]. Regardless, the specific facts of your situation may still show that you were subjected to retaliation.
If you suspect you were retaliated against in circumstances similar to this, it is best to contact an attorney at once. Our Temecula retaliation attorneys can help you understand how your rights were violated.
Special Instances of Protection Against Retaliation
Apart from the clear cut cases where retaliation is prohibited, there are also several special instances where you can file a complaint. For instance, the purpose of the anti-retaliation laws is to protect you from being unfairly targeted for taking a protected action, such as complaining about discrimination at work.
But you may still be protected even if the conduct you complained about was not found illegal. So long as you genuinely believed that the conduct was unlawful, an employer cannot retaliate against you for this. Rope v. Auto-Chlor System of Washington, Inc. (2013) 220 Cal.App.4th 635, 652 [163 Cal.Rptr.3d 392]. Other special instances of protection include:
- Where you were mistaken as to unlawful conduct but were retaliated against.
- Where an employer retaliates against you because they believed you were a potential witness for another employee. You are still protected even if you had no intention of testifying on their behalf.
- Where do not actually file a complaint. Merely threatening to file a complaint is enough.
Since retaliation claims are fact-specific, there are countless other instances where you may be protected. To learn more about your rights, we recommend you speak with an experienced retaliation attorney in Temecula, CA.
Temecula Wrongful Termination Lawyers
At Eldessouky Law, we have fought for the rights of employees in CA, including Temecula, for almost ten years. We provide unmatched representation for employees in this city, helping them secure fair compensation for the harm they have suffered.
California laws are quite specific on the protections they provide employees all through Riverside County and this city. When employees report unsafe or illegal conditions at work, it is expected that employers correct these situations immediately, not attack the concerned employees. If this has happened in your case, you are entitled to file a complaint, like this Riverside hospital employee who was retaliated against for raising workplace safety concerns.
As soon as you believe your rights are being tampered with at work, you should contact a wrongful termination attorney at once. Our services at Eldessouky Law include a free case review to get you started on enforcing your rights.
Top Employers in Temecula, CA
Temecula, CA is a popular tourist and destination in Riverside County, and home to more than 100,000 residents. The festivals, clubs and resort accommodations the city provides are great attractions for tourists and also provide, great employment opportunities for residents.
Some of the largest employers in Temecula, CA include:
- Temecula Valley Unified School District: 3,096
- Abbott Laboratories (aka Guidant): 1,500
- Temecula Valley Hospital: 910
- PHS Medline (aka Professional Hospital Supply): 900
- Infineon Technologies aka International Rectifier: 670
- Walmart: 648
- Southwest Traders, Inc.: 458
- Milgard Manufacturing Inc. (DBA Milgard Windows & Doors): 450
- Costco Wholesale: 404
- EMD Millipore (DBA Milliporesigma): 350
All employers in Temecula are required to respect and protect the rights of workers. If your employer is falling short of this obligation, contact our Temecula wrongful termination attorneys today.
Eldessouky Law Practice Areas in Temecula
Our focus at Eldessouky Law is on empowering employees in upholding their workplace rights through our law firm. We provide assistance to workers throughout Temecula in enforcing their rights and holding erring employers accountable.
Our practice areas in Temecula, CA include:
- Hostile work environment
- Severance agreements, terms, and enforcement
- Sexual harassment
- Wage and hour cases, including overtime pay discrepancy claims
- Wrongful termination, including retaliation cases, including whistleblower claims
Is your employer exposing you to unlawful conduct at work? Take action today by scheduling a free consultation with our Temecula employment law attorney.
Can I Complain About Retaliation Even Though I Wasn’t Fired?
The protection provided to CA employees against retaliation applies in many circumstances. Importantly, it does not relate to only termination or demotion, which are often called ‘ultimate employment actions’. Rather, the anti-retaliation laws protect you from all forms of wrongful negative treatment at work.
Were you assigned a task nobody at work would pray to be assigned because you complained about illegal conduct? You may have been retaliated against. Were you transferred to an unfavorable department because you refuse to accept discrimination at work? This can also amount to retaliation.
In fact, the retaliatory act does not have to constitute “one swift blow”. It can be a series of disguised, seemingly little, yet damaging actions. While each of these actions may not amount to much, they can be considered collectively to prove retaliation against your employer. Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1052–1056 [32 Cal.Rptr.3d 436, 116 P.3d 1123].
What if you were not actually fired but resigned due to the damaging conduct you were exposed to at work? You can still file a claim for retaliation in this instance if the conduct was a result of ‘payback’ for engaging in protected conduct. It is illegal for an employer to try to force an employee out of their job for reasons that are contrary to public policy.
Must I First Prove that I Was Harassed or Discriminated Against?
There is no requirement to prove that you were first harassed or discriminated against before you can file a complaint of retaliation. A case of retaliation stands on its own as a separate cause of action under the Fair Employment and Housing Act.
All that is necessary is to show that:
- You engaged in a protected activity, such as deciding to take your statutorily guaranteed leave
- Your employer subjected you to a negative employment action, such as depriving you of fairly earned benefits
- You were subjected to the negative treatment because of your involvement in a protected activity
Understanding when you have been retaliated against can be tricky due to the many circumstances in which it can occur. If you would like to clarify your rights and see where they might have been violated, contact our Temecula retaliation attorneys for assistance.
Contact Eldessouky Law for Relief Today
Fighting workplace retaliation can be a tricky and complex process. Let our Temecula retaliation attorney help you strategize on the best way to secure justice and hold your employer accountable. Call 714-409-8991 to set up a free, no-obligation consultation today.