Filing a Retaliation Claim With California Labor Commissioner

Filing a Retaliation Claim With California Labor Commissioner
May 23, 2018

It is natural for people in California to want to retaliate against or get even with individuals who wrong them. However, sometimes there are legal ways to do it and sometimes illegal ways to do it as well. This is true for employers as well. Sometimes their employees do something that they do not like and want to get even with them as well. Sometimes their retaliation may be legal and sometimes it is illegal.

Generally it is illegal when the employee was participating in a protected activity like reporting crimes the employer may have committed or cooperating in an investigation and other activities as well. If the employer retaliates against an employee by demoting them, firing them, relocating the employee to a less desirable location and other negative actions, they may be required to compensate the employee for their retaliation.

However, in order to be compensated, the employee will need to file a claim. This can be done through the Labor Commissioner’s Office. Most of these claims must be filed within six months of the retaliation, but there are some exceptions. The claim will detail what happened and why the employee believes that they were retaliated against.

After the complaint is filed, there will be an investigation. The investigator will interview the employee, employer and even subpoena people if necessary. During the investigation, they may try to see if the two sides can reach an agreement, but if no agreement is reached, they will issue a written finding about whether there was a violation. If they found that there is a violation, they will state what the employer must do to rectify the situation. If they do not comply within 30 days then a lawsuit will be filed. If they find that there was not retaliation, then the employee is free to begin a lawsuit against the employer.

Many employees in California are aware of various violations that their employers may have committed. These employees are encouraged to report these violations and are protected against retaliation for doing so. If the employer still does retaliate though, they may be required to compensate the employee with back pay and other forms of compensation. Experienced attorneys understand retaliation claims and may be a useful resource.

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