Retaliation In The Workplace

Retaliation against someone who has filed, testified about or in any other way assisted with a sexual harassment claim is strictly prohibited. If your employer or a supervisor retaliates against you for filing or cooperating with the filing of a sexual harassment claim, you will have further cause to sue for compensation of damages, including:

  • Emotional damages
  • Physical damages
  • Psychological damages
  • Financial damages
  • Career damages
  • Punitive damages

Recent trends in California have included large verdicts against employers that retaliate against employees involved in sexual harassment cases. You may be able to sue for retaliation even if the original act of sexual harassment was not perpetrated against you. If you were retaliated against because of your connection with a claim, you may have the right to sue.

If you have suffered retaliation in the workplace, you should contact an experienced employment discrimination attorney immediately. Call (510) 433-1000 for a free and confidential consultation about your case .


Getting Results
Our lawyers obtained $800,000 for a woman at a national mortgage company who claimed her work environment became hostile when her supervisor began making inappropriate comments. One day, her supervisor forced her against a wall and attempted to kiss her twice. See more verdicts and settlements we have obtained for our clients.


Strict Liability In Sexual Harassment And Retaliation Cases

Supervisors, managers and agents: Employers are strictly liable if managers, supervisors or agents engage in sexual harassment. A plaintiff should win any time he or she can prove that severe or pervasive sexual harassment by a supervisor occurred and caused damages.

If an employer or supervisor retaliates by firing or demoting the plaintiff or making unfavorable changes to the plaintiff's work assignments, the employer should be held strictly liable. Even if no employment opportunity denial, loss of pay or loss of benefits occurred, the employer may still be liable.

Retaliation Against Undocumented Workers

Employers cannot retaliate against undocumented workers for exposing unfair or illegal working conditions. New protections, effective January 1, 2014, prohibit employers from reporting or threatening to report an employee's immigration status, or that of the employee's family member, in retaliation for exercising a legal right under the California Labor Code or a local ordinance. Not only can the employee recover damages from the employer, the employer's business license may be suspended or revoked for violating this law.

Contact A California Workplace Retaliation Lawyer

Are you entitled to monetary damages for retaliation in a sexual harassment case? Contact Winer, McKenna & Burritt, LLP, to speak with one of our California work retaliation lawyers. We represent workers throughout Northern and Southern California.

Call us at (510) 433-1000 toll free. We offer free initial consultations, and we pursue cases on a contingency fee basis.