RETALIATION DEFENSE
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MODESTO RETALIATION DEFENSE ATTORNEYS
Defending California Businesses in Retaliation Lawsuits
Federal and state laws give employees broad protection from retaliation in the workplace. When employees believe an employer punished them after engaging in a legally protected activity, they often attempt to hold the employer accountable and pursue compensation. Because of this, retaliation claims can grow quickly and damage a company’s reputation.
Our Modesto retaliation defense lawyers understand the serious harm these claims can cause, especially when they affect daily operations. Therefore, at Swingle, Van Egmond & Heitlinger, we work directly with employers to build strong, forward-looking defense strategies. We also help businesses adopt policies and procedures that reduce the chance of future retaliation complaints.
Because our team has represented employers across many industries for years, we provide skilled, efficient, and highly focused representation. Although we operate as a small firm, we consistently deliver the same level of results that many large firms promise but rarely match.
Whether your company faces a current retaliation claim or you simply want guidance on how to handle a sensitive employment issue, our firm is ready to help. Call 209-522-2211 or contact us online today.
WHAT IS WORKPLACE RETALIATION?
Even though California follows the “at-will” employment rule, employers cannot fire or discipline employees for certain reasons. More specifically, your business cannot punish an employee for participating in a legally protected activity. Because of this, even normal business decisions can appear retaliatory if you do not manage the situation carefully.”
Examples of protected activities include:
- Complaining about discrimination, harassment, unpaid wages, working conditions, terms of employment, or any possibly unlawful conduct
- Refusing to complete a task that an employee believes is discriminatory, unsafe, or unlawful
- Participating in an employer’s or government agency’s investigation
- Participating in a lawsuit involving your company
- Requesting reasonable accommodations for disabilities or religious beliefs
- Requesting or taking protected leave
Whenever an employee engages in one of these protected activities, your business faces a higher risk if you later take disciplinary action. This does not prevent you from acting when a legitimate business reason exists; however, the employee may strongly believe you are punishing them unfairly and may file a retaliation claim.
Examples of adverse actions include:
- Terminating an employee
- Demoting an employee
- Reducing an employee’s pay
- Relocating an employee to a less convenient location
- Giving an employee less-desirable tasks or hours
- Giving an employee an unjustified performance review
- Isolating an employee
- Hostile behavior directed toward an employee
Your intent does not always matter. For example, when an employee reports discriminating against them, by a supervisor, you might transfer the employee to protect them. However, if the employee preferred the original location, they may still file a retaliation complaint. Because of this, every employer must act deliberately and document every decision carefully.
Your employee handbook should include a clear anti-retaliation policy. Whenever an employee reports an issue or participates in a protected activity, reinforce your commitment to preventing retaliation and seek legal advice before taking any employment-related action.
Although you can legally discipline or terminate an employee when you have a strong business reason, you should still ask our Modesto retaliation defense attorneys to evaluate the situation. We can assess the evidence, measure the legal risk, and guide you toward the safest and most strategic decision.
RESPONDING TO RETALIATION ALLEGATIONS
When employees believe they experienced retaliation, they often file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). After they file, the agency notifies the employer and launches an investigation.
During the investigation, the agency may try to mediate a settlement. The employee may also request a “right-to-sue” letter, which allows them to file a private lawsuit. Because both paths can create major legal exposure, you need counsel who knows how to respond effectively.
PROTECT YOUR REPUTATION
Our Modesto retaliation defense lawyers aggressively defend employers in both agency complaints and lawsuits. We challenge unsupported allegations, correct inaccurate statements, and guide our clients through every step of the process. Additionally, we help businesses strengthen internal procedures to prevent future claims.
Swingle, Van Egmond & Heitlinger understands the high stakes involved in retaliation cases. Call 209-522-2211 or contact us online to speak with our team today.
“This firm exemplifies how a multi-faceted group of attorneys can work together to achieve positive results.”
- James M.
