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Are You a Victim of Retaliation? Learn About Your Rights from a Los Angeles Unpaid Wage Lawyer
As an employee in California, you have the right to hold your employer accountable for unpaid wages. If you have been underpaid—whether due to misclassification, taking unpaid breaks, working “off-the-clock” or any other reason—you can (and should) hire a Los Angeles unpaid wage lawyer to help you collect the compensation you deserve.
But what if your employer retaliates against you?
Retaliation is a common concern among employees in Los Angeles. Many workers fear that they will be fired or face other consequences if they file a claim for unpaid wages. However, the law on retaliation for wage claims is clear: Employers cannot retaliate, and if they retaliate illegally, they can (and should) be held accountable.
Retaliating Against Employees Who File Wage Claims is Against the Law in California
There are several laws that protect employees against retaliation in California. Section 98.6 of the California Labor Code applies specifically to cases involving wage claims. Under Section 98.6, not only can employees receive compensation for the costs of their employers’ retaliation, but they can also seek additional penalties of up to $10,000 per violation.
In most cases, employees have up to a year to file a retaliation claim after filing a claim for unpaid wages. This one-year period runs from the date of the retaliation. Employees who have filed wage claims can file claims for all forms of retaliation, including (but not limited to):
- Demotion
- Denial of bonuses or other benefits
- Denial of a promotion or job opportunity
- Denial of a request for time off
- Discrimination or harassment
- Job or location reassignment
- Reduction in pay
- Suspension
- Unfair performance reviews
- Wrongful termination
If you believe that you are a victim of retaliation at work, you should document the retaliation as thoroughly as possible. Take detailed notes, and keep any letters, emails, performance reviews or other documents you have received. You should also speak with a Los Angeles unpaid wage lawyer as soon as possible, as acting promptly can help make it easier to successfully assert your legal rights.
New California Law Makes It Easier to Pursue Employment Retaliation Claims in California
In late 2023, California adopted a new law that makes it easier for employees to pursue retaliation claims in many cases. Under the Equal Pay and Anti-Retaliation Protection Act, employees who file qualifying wage-related claims are entitled to a presumption that any adverse employment action taken within 90 days of their claim is retaliatory. This presumption means that it is up to the employer to prove that its adverse employment action was not in retaliation for the employee’s wage-related claim. If this new law applies to your case, a Los Angeles unpaid wage lawyer at Attorneys for Employees (AFE) can use it to help you recover the financial compensation you deserve.
Discuss Your Retaliation Claim with a Los Angeles Unpaid Wage Lawyer at AFE
If you need to know more about filing a retaliation claim against your employer, we encourage you to contact us for a confidential consultation. Please call 310-601-1330 or get in touch online to schedule an appointment with a Los Angeles unpaid wage lawyer at AFE.