Many employees feel it is their responsibility to act or “blow the whistle” when their employer engages in unethical or illegal practices. California Law protects these employees. Unfortunately, the law cannot prevent employers from retaliating against whistleblowers. You can pursue financial compensation by enlisting the help of a workplace retaliation lawyer if you were forced to resign, fired, or otherwise mistreated. These are a few tips that can help you document a retaliation lawsuit against your employer under the stipulations of California employment law.
Save All Communication and Correspondence
If you suspect you are a victim of workplace retaliation, you should save all forms of correspondence and communication between your supervisor, potential witnesses, and anyone else that may play a role in your lawsuit later. You would want to save voicemails, text messages, and emails among other correspondence that indicates retaliation against you.
In addition, it is wise to save correspondence that indicates your performance at
the company has been historically appreciated and strong. This can be in the form of any old emails or copies of performance reviews. The correspondence should indicate that you were a model employee and appreciated by your supervisors and peers.
The most basic form of retaliation arises in the form of a supervisor claiming a sudden change in performance. They may state that you are not doing your job well soon after you report a workplace safety violation or any other similar issue. The correspondence can be useful in establishing a link between losing the esteem of your employer and the whistleblowing incident.
Secret Recordings Are Not Permissible
There is no point in making secret recordings. California law requires the party’s consent to be recorded. Any conversations that you secretly record between your employer and yourself regarding the retaliation will probably not be admissible in court.
The ‘evidence’ you painstakingly gather may be of no use if it is obtained without consent. Instead, you are probably better off writing a detailed and thorough description of the interaction that took place between you and the supervisor. This may help in supporting your retaliation case.
Make an Official Complaint
Just because you filed a complaint with the HR department doesn’t guarantee the employer will be held accountable. Taking this into account, you do need to show that your concerns regarding retaliation were serious when you take a legal route. You should be able to show evidence that you took all necessary steps for rectifying the behavior and addressing the issue internally.
The employer and their attorney get a plausible defense that you don’t have a valid complaint if you fail to file an official complaint. They may say that you are simply trying to seek undeserved financial compensation. This can impact your lawsuit negatively.
Consult With an Experienced California Employment Law Attorney
It can be difficult working in a hostile work environment. You should speak with a capable employment attorney if you think your supervisor is retaliating against you. The reliable and well-informed attorneys at Walton Law, A.P.C. have experience in handling such cases. Schedule your free and confidential consultation with us today. Call (866) 338-7079 or write to