RETALIATION AND WHISTLEBLOWER PROTECTIONS
(415) 342-4125
Several state and federal statutes prohibit an employer from retaliating against an employee who engaged in protected activity, such as reporting or opposing certain unlawful conduct or refusing to participate in illegal activity, such as the following:
An employer cannot retaliate against an employee who reports or opposes prohibited harassment or discrimination. To show retaliation, an employee must establish that he or she engaged in protected activity (such as reporting or opposing unlawful harassment or discrimination), the employer took an adverse employment action against the employee (such as termination, demotion, reduction in pay, or an action that materially affects the term, conditions, or privileges of employment), and a causal link exists between the protected activity and the employer's action.
An employer's adverse employment action against an employee may constitute retaliation, even if the employee's complaint is deemed to fall short of establishing unlawful harassment or discrimination.
An employer cannot retaliate against an employee if the employee, in good faith, discloses, or the employer believes the employee disclosed or may disclose, information regarding a violation of state or federal statute, or a violation of the law set forth in a statute, regulation, or local rule. Nor can an employer retaliate against an employee for refusing to take part in an action that would actually result in a violation of the law set forth in a statute, regulation, or local rule.
An employer cannot retaliate against an employee who makes a complaint regarding worker safety, starts health and safety related proceedings, or refuses to work in an unsafe or unhealthy environment that creates an actual or perceived danger.
An employer cannot retaliate against employees who discuss their own wages, discuss the wages of their coworkers, or ask about another employee's wages.
If you believe that your rights in the workplace have been violated, give Mr. Velez a call or send an email. You may reach him at (415) 342-4125 and at martinvelez@comcast.net.
Mr. Velez represents employees throughout the San Francisco Bay Area, including Alameda County (Fremont, Hayward, Oakland, and Pleasanton), Contra Costa County (Antioch, Martinez, Richmond, and Walnut Creek), Marin County (San Rafael and Novato), Napa County (American Canyon and Napa), City and County of San Francisco, San Mateo County (Daly City, Menlo Park, and Redwood City), Santa Clara County (Mountain View, Palo Alto, and San Jose), Solano County (Fairfield and Vallejo), and Sonoma County (Petaluma and Santa Rosa).