If you were fired after reporting sexual harassment in San Diego County, it’s important to act quickly to protect your rights and hold your employer accountable for their actions. It’s possible to secure a favorable outcome in San Diego retaliation cases, but it’s going to take work and knowledge of state and federal employment laws.
With a San Diego County sexual harassment lawyer on your side, you can gather the evidence you need to prove retaliation and recover the remedies you deserve after this difficult time. Even so, it’s critical that you understand for yourself what to do if you’re fired after reporting sexual harassment, too.
San Diego Retaliation Cases After Sexual Harassment in the Workplace
Workplace retaliation refers to an employer wrongfully punishing an employee for exercising a protected right. While California’s sexual harassment laws protect workers from illegal retaliation, it’s possible for employees to face these issues in the wake of a sexual harassment case. In recent years, approximately 706 workplace retaliation claims per month were filed by California workers with the Labor Commissioner’s Office.
If you’re facing retaliation after a sexual harassment case in San Diego, it’s wise to have a plan in place. Every case is unique, but the following steps are widely considered to be beneficial in San Diego retaliation cases:
- Hire a retaliation lawyer.
- Document everything.
- Gather additional evidence.
- File an internal complaint.
- Stay informed on your case’s progress.
California Sexual Harassment Laws
California prosecutes workplace discrimination claims harshly, including sexual harassment claims involving employees and contractors. Workers are protected in these matters, allowing them to find an answer to their problems in the workplace without fear of retaliation from their employer.
California was the first state to pass laws requiring anti-harassment and discrimination training for companies with at least fifty employees. Since then, that threshold has been lowered to a minimum of five employees, including independent contractors.
If you’re involved in a sexual harassment case, it’s imperative that you understand your rights and legal options as a protected employee. This is especially important if your employer acts unlawfully in the wake of your case.
FAQs
Do I Have to Go to Court to Resolve a San Diego Retaliation Case?
No, you do not have to go to court to resolve a San Diego retaliation case. In fact, most workplace retaliation claims settle out of court through administrative avenues or direct negotiations with employers.
If your case goes to court, you can expect to handle matters through the San Diego County Superior Court or the U.S District Court for the Southern District of California for federal claims. Typically, you must exhaust all administrative options before exploring litigation.
What Remedies Are Available in San Diego Retaliation Cases?
What remedies are available in San Diego retaliation cases can vary depending on the nature of the claim. It’s wise to hire a retaliation lawyer who is familiar with California employment laws. Possible remedies that your San Diego County sexual harassment lawyer may aim for include:
- Back and front pay for lost wages
- Compensation for emotional suffering
- Out-of-pocket expenses
- Recovery of attorney costs
- Reinstatement to your former position
How Long Do I Have to Report Employer Retaliation in San Diego?
How long you have to report employer retaliation in San Diego can vary, depending on the details of the alleged retaliation. Under California law, you typically have six months after the alleged retaliatory action to file a claim.
There are different deadlines for claims involving pay disparities based on sex, race, or ethnicity. That said, retaliation claims specifically must be filed within those first six months, regardless of the type of claim originally filed.
How Can a San Diego County Sexual Harassment Lawyer Help With a Retaliation Case?
The ways a San Diego County sexual harassment lawyer can help with a retaliation case depend on your specific needs. You can hire a sexual harassment lawyer to help with your original claim and protect your rights throughout the process. Your attorney can:
- File complaints with the CRD or EEOC
- Gather evidence to support your claim
- Investigate your claim
- Protect you from further retaliation
- Represent you through administrative claims and litigation in court
Hire a Retaliation Lawyer to Discuss Your Legal Options in the Workplace in San Diego County
If you’re facing retaliation after a sexual harassment incident in the workplace, it’s wise to secure legal representation as soon as possible in order to protect your rights and your future. The good news is you don’t have to navigate this complicated process on your own. Instead, you can turn to a local California law firm like Jimenez Loayza, APC.
Our firm is native to the Central Valley. Our experience is rooted in California employment law, and we’re passionate about defending the rights of the hard workers who keep our state running. When you choose us, you’re choosing comprehensive legal counsel and advocacy you can trust.
Both of our attorneys have been selected as “Rising Stars” in employment litigation by Super Lawyers®, an honor awarded to the top 2.5 percent of attorneys in California. We’ve also been awarded the Pro Bono Publico Award from Casa Cornelia Law Center and the Rising Star Award from the Consumer Attorneys of San Diego.*
Our San Diego County sexual harassment lawyers take pride in our work. That’s why we limit the number of cases we accept at a time. We want to give each client our complete attention. To top it off, we don’t charge you unless we secure a favorable outcome.
If you’re ready to talk to a lawyer about your case, we’re here to help. Reach out to our office right here in San Diego County to learn more about your legal options today. We’re close to I-5, I-8, and I-805, making us a convenient stop for our clients in Oceanside and beyond. Reach out to set up an initial appointment with a member of our team today.
*Industry awards and accolades do not guarantee positive results for your case. Every case is different.
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