San Francisco Retaliation Lawyer
You did the right thing by reporting something at work that didn’t feel right.
Then your boss punished you for it.
This is called retaliation, and it may be unlawful under federal and California employment law.
Were you fired, demoted, or treated unfairly just for speaking out? You might have legal options available. A San Francisco retaliation lawyer can investigate what happened to you and protect your rights.
Why Choose Us?
Finding an employment attorney in San Francisco can be hard. You need one that truly understands retaliation, why it shows up in the workplace, and how it affects people just trying to do their jobs.
The Stoll & Haynes team holds employers accountable when workers are treated unfairly for making their voices heard. For example, Michael Seville handles a wide range of employment law matters, including retaliation. He previously held leadership roles in statewide labor organizations and resolves workplace conflicts fairly.
What makes us stand out from other Bay Area retaliation attorneys near you:
- Over three decades of experience in employment law
- Successful client victories, including multi-million dollar payouts
- Knowledge of California courts and laws
- Free consultations — discuss your retaliation case at no cost and decide what to do next
Meet Our San Francisco Employment Law Team
Learn more about our retaliation attorneys:
Albert G. Stoll, Jr.
- Has handled over 40 jury trials during his 30-year career
- Has a reputation for ethical but aggressive representation
- Holds an AV Peer Review Rating from Martindale-Hubbell
Michael Seville
- Has held leadership roles in statewide labor organizations
- Has held leadership roles in statewide labor organizations
- Handles disputes involving negotiation, arbitration, and litigation
Retaliation Success Stories From Stoll & Haynes
Some notable client victories involving retaliation include:
San Francisco hospital workers retaliated against
Award: $3 million+
Anesthesiologists in a San Francisco hospital were retaliated against after reporting health and safety concerns. They settled for more than $3 million.
Female administrators retaliated and discriminated against
Award: $1 million+
Female administrators were denied promotions because of retaliation and gender discrimination. The case resulted in more than $1 million in compensation.
SFFD battalion chief retaliated against
Award: $1.49 million
A battalion chief at the San Francisco Fire Department (SFFD) experienced retaliation at work after filing a lawsuit. She settled for $1.49 million.
Note: Previous case outcomes don’t guarantee future results. Your case may be different.
View more employment law victories.
Retaliation, Explained
In employment law, retaliation is when an employer punishes you for speaking up about something unfair or illegal at work.
The law is clear about this.
You’re allowed to report certain issues to HR or take part in investigations without getting in trouble for it. These actions are called “protected activities.”
Protected activities include things like reporting:
- Sexual harassment
- Unpaid overtime
- Privacy violations
- Discrimination
- Unsafe working conditions
If your employer took action against you because of a protected activity, you may have a retaliation case under California law. A San Francisco retaliation lawyer can examine the facts and help you understand your rights.
Retaliation cases in San Francisco
San Francisco and the Bay Area have unique conditions for retaliation cases:
- Tech companies in Silicon Valley and SoMa might frame retaliation as “performance issues” or something else, even though that’s not what’s going on.
- Startups in Mission Bay and elsewhere may have complex management structures, making it harder to recognize when retaliation happens.
- In San Francisco’s current job market, employees may feel pressured to stay silent after being retaliated against because finding a new job can be hard.
Forms of Retaliation
Retaliation isn’t always obvious, and it can happen when you least expect it. You might report wrongdoing in the workplace and then be called in for a performance review or suddenly lose your job. These things may happen simply because you spoke up. This isn’t fair.
Common forms of retaliation include:
- Termination
- Demotion
- Losing responsibilities (for example, being removed from a project)
- Exclusion from meetings
- Increased scrutiny
Here are some examples of retaliation so you can understand it better:
Retaliation after reporting harassment
Someone at work is harassing you, so you report it to HR. A week later, you start getting written up for minor things you were never disciplined for in the past. What’s worse is that your colleagues don’t seem to be experiencing the same level of scrutiny.
Retaliation after reporting age discrimination
You notice a colleague being discriminated against for their age. After reporting it to a manager, you are removed from projects you normally would have gotten.
Retaliation after reporting unsafe working conditions
You raise concerns about faulty equipment or safety practices. After doing so, you get passed over for a promotion that you know you are qualified for.
Workplace Retaliation Cases in California
California has some of the strongest retaliation protections in the country. It’s simple: employers aren’t allowed to punish workers for raising concerns about unfair and illegal conduct.
These protections come from several laws, including:
California Fair Employment and Housing Act
The California Fair Employment and Housing Act (FEHA) makes it illegal for employers to treat workers unfairly because of race, gender, disability, and other protected traits. It also protects workers from retaliation if they report these issues.
California Labor Code
The California Labor Code is a series of laws that protect workers from unfair treatment and workplace hazards. It also prohibits employers from retaliating against employees who report violations.
There are also federal anti-discrimination laws that protect workers from retaliation in certain situations, including:
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act of 1967 (ADEA)
- Occupational Safety and Health Act of 1970 (OSH Act)
In other words, the law may be on your side if you were punished for merely bringing up a concern.
Do You Have a Retaliation Claim in California?
There may be grounds to take legal action against your employer if:
- You reported a problem at work, such as discrimination or harassment.
- You experienced negative consequences afterward, such as a demotion or termination.
- There is a connection between the two. For example, you were demoted shortly after filing a complaint with HR about unpaid overtime.
You don’t need your employer to admit that they retaliated against you. In many cases, circumstantial evidence like timing may be enough to establish that retaliation occurred.
Speak with a retaliation attorney in San Francisco to learn more.
How To Prove Retaliation
Proving retaliation can be difficult, as most employers won’t admit to it. Generally, you need to show that your employer acted negatively toward you because you spoke up about something. But remember, this only applies if it involved a protected activity, such as reporting discrimination or unsafe working conditions.
The more evidence you have to prove retaliation, the better. Here are some examples:
- Formal complaints you submitted to HR about an issue
- Emails, texts, Slack messages, and other communications showing what was said or done after you reported it
- Performance reviews from before and after you raised the concern
- Witness statements from co-workers about what they saw or heard
Note: Your employer can certainly take action against you for legitimate business reasons, such as poor performance or misconduct. It’s your job to show that the negative actions you experienced were not actually based on those reasons, but were instead motivated by your report or complaint.
How Much Can You Get in a Retaliation Case in California?
There is no fixed compensation amount in California retaliation cases. The amount you may receive generally depends on the facts of your case, how badly you were retaliated against, and other factors.
It all depends on your circumstances, but damages may include:
- Lost wages (back pay/future pay)
- Lost benefits
- Compensation for emotional distress
In rare cases, someone may be awarded punitive damages by the Superior Court of California if their employer acted extremely recklessly or maliciously.
How Long Do You Have to Take Action in a Retaliation Case?
You typically need to file a retaliation complaint with a government agency before filing a lawsuit. However, this doesn’t necessarily mean you will have to go to court. Most retaliation cases in San Francisco are resolved through settlement or other outcomes.
Here are some examples:
- You can file a complaint about retaliation with the California Civil Rights Department. In many situations, you generally have three years from the date of the retaliatory act to file.
- You can file a complaint with the U.S. Equal Employment Opportunity Commission if you were retaliated against for reporting discrimination. In California, you generally have 300 calendar days from the date of the retaliatory act to file.
A retaliation attorney can help you file on time and avoid mistakes.
San Francisco Retaliation Lawyer FAQs
It’s when your employer punishes you for engaging in a legally protected activity, such as reporting discrimination, sexual harassment, or privacy concerns. This is against the law, and you may be able to pursue compensation under California and federal law.
After reporting a workplace issue or violation, your employer may remove you from projects, terminate your employment, demote you, or otherwise treat you unfairly. A San Francisco retaliation lawyer can step in here and help you understand your rights.
Keep records of what happened, ask co-workers to share what they saw or heard, and speak to a retaliation attorney in San Francisco as soon as possible.
Read more California employment law FAQs.
Contact a San Francisco Retaliation Lawyer
Have you received unfair treatment at work just because you spoke up? You may be able to pursue a legal claim for retaliation.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. If you need advice about your specific situation, please contact Stoll & Haynes directly.