Potential Defenses Employers Attempt Against Retaliation Claims

Potential Defenses Employers Attempt Against Retaliation Claims
Apr 11, 2019

Companies in California generally have goals, and a very important one is to make money. So, the company will try various tactics to get an edge on competition in order to make more money.

Most of the strategies are perfectly legal and fair. However, some companies also do other things to try and make more money that may not be legal, such as violating various environmental regulations or falsely report profits in order to boost stock prices and many such unlawful behaviors.

In these situations, it is sometimes very difficult for the various enforcement agencies to know about the violations. They often rely on the employees of the company to report the illegal actions. The employee is taking a risk doing so, though, because employers do not like it when their employees report them.

Some will even retaliate against the employee. However, employers cannot do this, and the employee may be entitled to compensation through whistleblower retaliation claims.

These claims are not always the easiest claims to prove, though, because many employers do not simply state they are retaliating against the employee.

In addition to knowing the evidence to look for, employees also need to understand the defenses employers may attempt to use. One is that the employer was unaware of the actions taken by the employee. Others are that the employer made the employment decision based on legitimate business purposes such as poor performance, misconduct, or other reasons not related to the employee’s decision to report suspected wrongdoing.

There are many rules that regulate companies in California, and many businesses do not always follow the rules. Employees may report the violations, and the employer cannot take any negative actions against the employee for doing so. If they do, the employees may be entitled to compensation. However, it is important to understand how to defeat any legal defense the employee may raise. Consulting with experienced attorneys may be beneficial in this respect.

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