Why Choose Zakay Law Group?
The Right Firm Makes a Difference
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We are relentless in fighting for your rights. With a mission to ensure fair treatment of all employees, we hold employers accountable and pursue justice for violations of California employment laws.
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Our team has recovered millions of dollars in settlements for employees, ranging from small businesses to large corporations.
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At Zakay Law Group, we believe that every employee deserves the opportunity to seek justice without barriers. That’s why we offer free consultations to all potential clients.
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As a boutique firm we deliver personalized attention to every case, while collaborating with larger firms to pool resources, ensuring our clients receive top-tier representation against even the biggest corporations.
Workplace Retaliation in California
Workplace retaliation can take many forms, such as:
- Termination or demotion: Firing or demoting an employee after they have reported misconduct.
- Salary or bonus reduction: Decreasing an employee's pay or bonuses as a punitive measure.
- Job reassignment: Moving an employee to a less desirable position or shift.
- Exclusion: Excluding the employee from meetings or opportunities for advancement.
- Harassment: Subjecting the employee to increased scrutiny or creating a hostile work environment.
- Negative performance reviews: Giving unjustified poor performance evaluations to undermine the employee’s credibility or career progression.
Workplace Retaliation Laws Protecting Employees
Employees are shielded from workplace retaliation under federal and state laws. These laws uphold your right to engage in protected activities without fear of adverse consequences.
On a federal level, the primary law is Title VII of the Civil Rights Act of 1964, which explicitly prohibits retaliation against employees who file discrimination claims or participate in law enforcement or government investigations.
The Fair Labor Standards Act (FLSA) protects employees from retaliation for asserting minimum wage and overtime pay rights. The Occupational Safety and Health (OSH) Act also includes provisions against retaliation when employees report unsafe work conditions.
California's Labor Code Section 1102.5 prohibits retaliation against employees who report any violations of state or federal law, emphasizing a solid stance against retaliatory practices. These state laws not only reinforce federal mandates but can also introduce more stringent standards applicable to specific regional workforces. They offer comprehensive protection to employees across diverse industries and working environments.
What Makes a Strong Retaliation Case?
A strong workplace retaliation case typically hinges on demonstrating a clear link between the employee's protected activity and the adverse action taken by the employer. This can be established through evidence such as the timing of the adverse action when it closely follows the employee's complaint or involvement in a protected activity.
Additional factors include an employer’s inconsistent application of company policies, statements made by supervisors that indicate retaliatory intent, and comparisons with the treatment of other employees who did not engage in similar protected activities.